In a probation violation hearing, a judge reviews alleged violations of probation conditions, including failing to report to probation, testing positive for drugs, and missing required screenings. The judge determines if the defendant violated probation terms and may revoke probation if violations are proven, though the judge may schedule a separate hearing for evidence presentation before making a final decision.
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Deep Dive
"SHE'S GOING TO JAIL?!" Judge West DESTROYS Defendant After FAILED Drug TestAdded:
Good morning. Are you Lee Coney? Yes, ma'am. And Miss Coney, in you got two cases, one you're on probation for in cause number 24 DCCR 1600, on probation for theft of property with previous convictions.
Um there's a new indictment that's been uh handed down in cause number 25 DCCR 1274, you're charged with possession of a controlled substance. Also a state jail felony. Uh it's my understanding that there is no agreement in either of these cases. Is that correct?
>> That's correct. You're on our speaking with Miss Coney this morning and yesterday and she's has a request to make of the court. She would like to have a new attorney.
Well, Miss Coney, you don't get to pick a new attorney. Mr. Rojas is an excellent attorney. He's I'm sure talked with the assistant district attorney, is giving you that information, um and advising you. And so, if you want to take [clears throat] some agreement, that's fine. If not, what's going to happen is today we'll go through that motion to revoke your probation. And I'll get pleas of either true or not true to those allegations. Then we'll reset that case for a sentencing hearing. Uh I'll determine if you violated your probation. If I determine you have, I can either continue you, I can revoke you, I can do whatever at that point. And then, depending on what happens on that case, I guess we'll see what happens on that new offense.
Um and so, do you want to uh talk to Mr. Rojas about that agreement or do you want to go forward and leave it all up to me?
On your motion, I guess. I would like to plead open to the With what? Just plead an open to the court?
>> Raise your right hand the best you can, please. Do you swear or affirm the testimony you're going to give in this hearing will be the truth, the whole truth, and nothing but the truth? Yes, ma'am. Thank you. Will she waive the formal reading of the motion? She will, Your Honor. Miss Coney, in 24 DCCR 1600, I have a motion to revoke your unadjudicated probation. Shows that you were placed on probation October 29th of 2024 for the state jail felony offense of theft of property with previous convictions, and that was a 5-year deferred probation. Is that correct?
>> Yes.
The motion alleges that you violated your probation.
Count one alleges that you committed the new offense of possession of a controlled substance November a state jail felony November 1st of 2025. And is that true or not true?
>> Not true.
Count two alleges that you committed the offense of possession of a controlled substance penalty group three.
And I'm guessing that's a misdemeanor offense.
>> so, judge. The case is not yet That case has not been filed.
>> Okay.
>> It's being It's awaiting testing right now. It's in progress. Okay.
Um I now I'm not sure if that's a misdemeanor or not then. Penalty group three less than 28 g on November 1st of 2025. And is that true or not true?
I'm sorry, judge.
It's the same date. It's just a different drug. November 1st of 2025 you were when you were arrested it was for possession of two different types of drugs. No, ma'am. Okay, so not true to count two. Count three alleges that you failed to report to the probation department July 24th, August 21st, October 8th, and October 29th of 2025.
And is that true or not true? Um I'm sorry. I'm going to say something I'm going to say something while you were talking. So, count three alleges that you failed to report to the probation department on July 24th, August 21st, October 8th, and October 29th of 2025.
>> That's true. Okay.
Count four alleges that you failed to never become intoxicated or under the influence of any intoxication intoxicating substance.
Mr. Nichols.
Can you read that one?
Failed to never become intoxicated or be under the influence of any intoxicating substance. And that on or about March the March 19th, 2020.
I want to drop four, judge.
Do you want to I mean it I I This isn't my file. I don't know the details of the allegations and I can't amend right now.
Okay. I don't know what I'm What I'm going to do is at this time I don't want it I want to know whatever allegation that is at the appropriate time.
>> see it here, judge. Um and I can I can amend orally amend that. Um What it's supposed to allege is that she tested positive for cocaine on March 19th, 2025.
So, any objection to uh the amendment reading um in that [clears throat] on or about March 19th, 2025, the defendant tested positive for cocaine. Mr. Rojas?
So, count four alleges that you failed to never become intoxicated or be under the influence of any intoxicating substance that you tested positive for cocaine March 19th of 2025. And is that true or not true?
That's true.
>> [clears throat] >> Count five alleges that you failed to provide verification of performing the community service hours as required. Is that true or not true? Um not true.
Count six alleges that you failed to submit to alcohol and or drug screening on July 29th of 2025 at the direction of your probation officer. Is that true or not true?
It is true. Okay. You'll get to explain later. Right now, just true or not true.
Um count seven alleges that you failed to provide verification of completing the theft prevention class. Is that true or not true? I'm sorry. It's true.
>> [clears throat] >> And then count eight alleges that you were behind in your court assessed fees as of November 3rd of 2025 in the amount of $575.
And is that true or not true? It is.
As of November on that day it was not.
Yes, that's true. Okay.
Did you enter your pleas of true to counts three, four, six, seven, and eight freely and voluntarily?
And did you plead true to those counts because they're actually true?
Well, with the payment that my payment is caught up now. Okay.
I I'll just take off number eight and put not true on that one.
So, three, four, six, and seven, did you plead true again freely and voluntarily?
Yes. And because those counts are actually true? Yes. All right, then I'm going to find counts three, four, six, and seven true, find that you entered those pleas freely and voluntarily, find sufficient evidence to find you guilty and revoke your probation, but I'm not going to do that today. I'm going to reset the case for a hearing.
Um I would anticipate, Mr. Nichols, that you would have some evidence with regard to the count one, the new offense.
>> proof up. Do you think we would need more than an hour or so?
>> think so, judge. Okay. Appears to be a a traffic stop. One one or two, I guess with two witness.
Yeah. We need lab.
Uh hour, hour and a half, I would think.
Okay. We'll get it set for an appropriate day. Just everybody make a notation that it will be set for a hearing for that. Anything that you think is important for me to know, get that information to Mr. Rojas and he'll present it to me on your behalf when we come back. And if I can get an updated pre-sentence report, that would be great as well. Thank you again for being here.
You can go back with the bailiff.
Uh actually, come over here to the um clerk. She needs your uh fingerprint before you go back with the bailiff.
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