What is a PTR?
If you fail to complete the terms of your criminal sentence, the State may file what is known as a Petition to Revoke (“PTR”). In a PTR, the State will allege that you violated a condition of your criminal sentence.
Common conditions of a criminal sentence include:
- Do not commit a new criminal offense
- Comply with the terms and conditions set forth by your probation officer
- Appear in court when requested by the court or your probation officer
- Do not leave the state without permission of the court
- Do not consume any controlled substances
Common additional conditions of a criminal sentence include:
- Public service work hours
- SWAP (sheriff’s work alternative program)
If the State files a PTR, your attorney may try to work out a deal with the state to resolve the PTR. If an agreement cannot be reached, the PTR may head to a hearing. At the hearing, the State has the burden of going forward with the evidence and proving the violation by the preponderance of the evidence. If the state is successful at the hearing, the court can resentence you to any sentence available at the time of initial sentencing. (see sentencing guidelines for potential sentences).
If the state is alleging you violated any terms or conditions of your criminal sentence, it is important you consult with an attorney.