How do I challenge a violation of parole or probation?

If you believe that you have been wrongfully accused of a violation of your parole or probation, you may challenge it by filing a petition with the court. To do this, you must fill out a form indicating the terms of your parole or probation that were allegedly violated. Once the form is completed, it should be filed in the court in the county in which you are on parole or probation. In Washington, an individual may challenge a violation by filing a Petition for Certiorari and Hearing. This petition must include specific information, such as the date of the alleged violation and the name of the supervising officer. It also must include any evidence that is available that could show the alleged violation did not occur. After this is filed, a hearing may be held. At the hearing, the supervising officer must present evidence that shows the violation occurred and that it is serious enough to warrant the revocation of parole or probation. The individual may present evidence to support his or her claim, such as witnesses and documentary evidence. The individual may also call upon an attorney or other legal representative to represent them in court. At the end of the hearing, the court will decide whether a violation of parole or probation has occurred and if so, whether it is severe enough to warrant a revocation. If the court believes that the violation was wrongfully charged, the individual will remain on parole or probation. If the court believes that the violation occurred, the court may impose sanctions, such as extended parole or probation, more frequent check-ins, or additional classes or community service.

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