State v. Simpkins

Richard M. RogeRS, Judge.

{¶ 1} This matter is before the court for consideration of the document filed by Lawrence H. Babich, Assistant Prosecuting Attorney, on September 6, 2001, captioned “Notice of probation violation; request for arrest warrant and request for hearing.” The Supreme Court of the United States has frequently and clearly stated that a probation violation is not a criminal proceeding.

{¶ 2} In contrasting probation revocation proceedings against criminal trials, the court has stated, “[I]n a revocation hearing, on the other hand, the State is represented not by a prosecutor,…