Revocation

Violation of Probation, Post Release Supervision, ISP (house arrest) and Parole are not automatic. The defendant has a due process right to confront the evidence and witnesses against him. Revocations are not automatic. The prosecution must present credible evidence that the defendant violated the terms and conditions of probation. In most cases, the defendant does not have a right to an attorney at a revocation but may have an attorney. If revoked, the judge or hearing officer may have discretion to order a sentence less than the maximum. A revocation may include rehabilitative programs, alcohol and drug treatment, anger management or other appropriate measures. If a defendant has not paid his fines, he can be sentenced to a restitution center run by the Mississippi Department of Corrections.