Revocation Hearing Process





Revocation Hearing Process

Introduction

The overseeing agent should search and develop a verdict to suggest revocation of the criminal's custody in the situation when criminal breaches the circumstances of “Probation” and “Parole” custody or performs a new contravention regarding law. The criminal can have “revocation hearing” detained earlier an “Administrative Law Judge (ALJ).” This Administrative Law Judge will settle on the basis of proofs showed, if the “revocation” is proper and suitable. The Administrative Law Judge is the one who is a bylaw a certified legal representative and is not in employment by the sector of Corrections. When hearing process, starts, the criminal, the criminal's lawyer and the agent' all are allowed to show proofs on the concerns and problems for which the “revocation” is suggested. Testimony, eye witnesses and written drafts and documents are included in evidence. Everyone who is present at the time of hearing can raise queries and all the evidences are recorded (2004).

Discussion

Issues and Concerns in the Hearing Process

The Administrative Law Judge is responsible to highlight the issues and concerns in the hearing process. The ALJ should verdict the following issues at the hearing process:

Whether the agent has presented adequate evidences to proof that the criminal had violated the conditions and terms of “Probation” and “Parole”, and if the agent is successful in presenting the same, then

It should be investigated that is the “revocation” of the “Probation” or “Parole” proper suitable and correct?

The Administrative Law Judge will write an order regarding the “revocation” after the hearing process. Afterwards, the order will be handed over to the criminal's legal representative and the agent in the ten (working) days. “Revocation” of the criminal's custody will effect in the revisit towards court for judgment or confinement in a prison or a jail. A verdict not to rescind the criminal will effect in a sustained control in the district along with the chance of extra regulations (2004).

Options after a finding of “Guilty”

The Administrative Law Judge and the attorney should know the various options for sentencing an offender in the criminal court. They should also know several sentencing alternatives that arise with the number of illegal charges. If an individual has committed a crime and if the crime has been proven in the criminal court, then any one from the following can result:

The accuse can be released

An individual implores blameworthy and is given punishment

Judge has found the person guilty ...