• Probation officers keep detailed case notes to use if they revoke probation.case image by Alexey Klementiev from Fotolia.com
  
  The judge sometimes grants a form of community supervision, known as probation, to criminal offenders or defendants who commit crimes. While probation is given instead of prison, the terms and conditions require stringent adherence which may be challenging for the defendant. If she does not comply with the probation requirements, the probation officer will most likely attempt some type of intervention such as talking with the offender or asking a probation officer supervisor to speak to the defendant. If these efforts are also unsuccessful, the probation officer will file a petition to revoke probation.
  
  

Technical Violations

• Technical violations occur when the offender violates any of the probation rules. The only exception is if the defendant commits a new crime. Usually, the probation officer will list all the technical violations when writing up the petition to revoke. He must give the court documented evidence that the offender was aware of the probation terms and conditions, including signed copies of probation directives. Because of this, any violations on the offender's part must be documented in detail as they form the evidence used to convict the defendant in court. The probation officer holds some discretion regarding when to file a petition to revoke because of technical violations.
  
  

New Offense Violations

• If the offender commits a new crime, especially a felony or a serious misdemeanor such as drinking and driving, the probation officer must file a petition to revoke. The technical violations will also be added with the petition to revoke. Even if the probationer is not charged with another crime, the information in the police reports, including the police officer's testimony, may be enough to violate the defendant's probation. While the court must convict a defendant with evidence "beyond a reasonable doubt," a violation of probation only needs a preponderance, or 51 percent, of evidence for conviction.
  
  

Petition to Revoke

• Once the probation officer decides to file a petition to revoke, he follows a detailed list of steps. He completes the forms, including the defendant's name, the original offense and offense date, the case number, the current date and all violations. He and his supervisor both sign the forms. If the probation officer wants to effect an immediate arrest, he may take the petition to the judge himself. Other times, a courier transports the paperwork to and from court within a few days. Depending on the jurisdiction, the probation officer or police will arrest the probationer.