What to do if the prosecution asks to revoke probation conditions?

What are probation conditions?

When the criminal court sentences someone correctionally, it has a broad arsenal of penalties and measures it can impose on the convicted person. Among other things, the criminal judge can choose to pronounce a sentence with probation deferred.

A sentence with probation deferral means that the judge imposes a sentence on the convicted person, such as a prison sentence and/or a fine, but the convicted person does not have to effectively serve that sentence. This postponement is valid as long as the convict complies with certain conditions. These conditions can take several forms. Common conditions include:

keeping a permanent address;
comply with the summonses of the judicial assistant and the probation commission;
do not commit new offenses;
follow appropriate counseling (regarding an addiction and or other problem);
make the appropriate efforts to pay victims;
...

The conditions may be imposed for a probation period of up to five years. As long as these conditions are observed, the sentence will not be carried out. In this case, the sentence imposed is a stick that should prevent the conditions from being violated. Compliance with the conditions imposed is monitored by the probation commission, the judicial assistant(s) and the police.

When can the prosecution ask for probation conditions to be revoked?

The prosecution can ask the criminal court to revoke the probation conditions and still enforce the sentence handed down in two cases. In a third case, the court's intervention will not be necessary.

A first situation in which the Public Prosecutor may request revocation is when, during the probation period, the convicted person committed a new crime for which a new effective term of imprisonment was imposed of not less than 1 month and not more than 6 months. In this situation, the Prosecutor's Office has a discretionary judgment and can choose whether or not to request revocation of probation conditions.

A second situation in which the Public Prosecutor's Office will ask the criminal judge for the revocation is when the probation commission considers that the convicted person has not sufficiently complied with the conditions imposed and the probation commission asks the Public Prosecutor's Office to bring the case to trial. In this case, the Prosecutor's Office does not have a discretionary judgment and will summon the convicted person before the criminal court.

However, if during the probation period the convicted person commits a new crime for which a new effective prison sentence of more than 6 months has been imposed by the criminal court, the Public Prosecutor's Office may proceed to enforce the originally imposed sentence, without the need for the court to intervene. The sentences will then be added up.

What to do when you receive a summons to revoke probation conditions?

When you receive a subpoena in which the prosecution asks the court to revoke the probation conditions imposed on you, you would do well to build a defense. After all, you will have to justify yourself in court. At that hearing, a well-prepared legal argument is essential. After all, should the revocation be ordered by the judge, the sentence originally imposed will become enforceable.[1]

As attorneys, we can play an essential role in preparing for and during the probation revocation hearing.

Based on the file and your input, we can verify whether it is possible to ask the court not to lift your conditions after all and continue the probation period. We can also verify with you whether it is possible to ask the court to possibly attach new conditions to the probation deferral so that the originally pronounced sentence does not have to become effective.

Would you like more information about the possibilities if you request the revocation of your probation conditions? Would you like to be assisted by a specialized lawyer? Please contact us at info@bannister.be or at 03.369.28.00.

[1] Unless you timely appeal this decision.