In the District Court of the Navajo Nation

[______]

OFFICE OF THE PROSECUTOR

Post Office Box 1743

Shiprock, New Mexico 87420

Telephone: 505-368-1116/1117

Fax: 505-368-1124

IN THE DISTRICT COURT OF THE NAVAJO NATION

JUDICIAL DISTRICT OF SHIPROCK, NEW MEXICO

THE NAVAJO NATION,
Plaintiff,
vs.
[Defendant’s Name ],
DOB: [00/00/0000]
SSN [000-00-0000], C# [000000]
[Defendant’s Physical Address]
Defendant. / NO.: SR-[Category]-[AutoNumber]-[Year]

PETITION FOR

PROBATION REVOCATION

The Navajo Nation through the undersigned legal counsel on behalf of Probation and Parole Services and petitions this Honorable Court for an order to revoke probation of the above named defendant pursuant to Rule 53 of the Nav. R. Cr. P. and as grounds therein states:

1. This Court has continuing jurisdiction over the parties and subject matter.

2. Defendant was sentenced on [Date] by this Court as follows for the following violations of the Navajo Nation Code:

[Docket # ] [Charge Code] [Sentence]

3. The jail terms were suspended and defendant was ordered to supervised probation with conditions beginning [Date] and ending [Date]; see attached Probation Pledge marked Plaintiff’s Exhibit “A”; and

4. The Probation Officer has recommended revocation of defendant’s probation and set forth specific violations of probation conditions in the attached Recommendation for Revocation marked Plaintiff’s Exhibit “B”; to wit:

[Condition Number] [Explanation of Violation]

5. This petition is filed pursuant to Nav. R. Cr. P. Rule 53(a) as there is reasonable cause to believe that the defendant did violate conditions of the Probation Pledge.

6. The Navajo Nation moves the Court pursuant to Nav. R. Cr. P. Rule 53(b) to issue a Summons directing defendant to appear for a revocation hearing.

WHEREFORE the Navajo Nation prays the Court to issue a Summons directing defendant to appear for a revocation hearing to answer the petition in the interest of justice.

RESPECTFULLY SUBMITTED this [______], day of [______],[Year].

______

[ ]

IN THE DISTRICT COURT OF THE NAVAJO NATION

JUDICIAL DISTRICT OF SHIPROCK, NEW MEXICO

THE NAVAJO NATION,
Plaintiff,
vs.
[Defendant’s Name ],
DOB: [00/00/0000]
SSN [000-00-0000], C# [000000]
[Defendant’s Physical Address]
Defendant. / NO.: SR-[Category]-[AutoNumber]-[Year]

ORDER

(Petition for Probation Revocation)

THE COURT having been presented with the Petition for Probation Revocation by the Navajo Nation wherein the Nation has requested the Court for issuance of a Summons; and having considered the grounds therein, FINDS sufficient cause to grant the Nation’s request.

IT IS HEREBY ORDERED that the Navajo Nation’s request for a Summons shall be granted, the Summons shall be issued by the Court.

SO ORDERED this ______day of ______, 2010.

______

JUDGE, DISTRICT COURT OF THE NAVAJO NATION