If you failed to follow all the conditions during the conditional discharge or period of probation, the court or any judge in Connecticut, may issue a warrant of arrest or a notice asking you to answer the charges of the violation. The notice shall be given to you personally. Once you receive it, you must coordinate immediately to your Connecticut criminal defense lawyer.
If the probation officer finds probable cause of a violation, he can notify any police officer and the notice should be enough to issue an arrest warrant. Any probation officer may also arrest you after a given written statement is delivered to you. The written statement shall serve as a sufficient warrant for detention.
After the arrest, the probation officer must submit the same statement to the detaining authorities. Upon arrest and detention, the court or judge will be notified by the probation officer.
During the arraignment on the charge of violation, the court shall review the imposed sentence and the conditions required while you are under probation. The standard for a violation of probation or VOP is lower than what is normally constitutionally enjoyed by defendants in a criminal case, the beyond a reasonable doubt standard. In a VOP hearing, the court need only find that more likely than not (51% chance or more) you violated the conditions or terms of your probation. This is not a difficult burden of proof for the state to meet.
After further considerations and review, the court may establish the following:
- Continue the probation or conditional discharge
- Modify the conditions
- Extend the period of conditional discharge or probation
- Revoke the sentence of conditional discharge or probation
If the conditional discharge or probation was revoked, the court in Connecticut shall order to impose the imprisonment sentence or any lesser sentence as determined by the court.