Charged With Violating Your Probation?
Judges view being on probation as a privilege. If you fail to complete the terms and conditions of your sentence, your probation officer will most likely apply for a warrant for your immediate arrest. In most cases, you will remain in jail without bond until you appear in front of the judge who sentenced you. Depending on the judge, this could take between 30 and 90 days. You need an attorney who knows the players and will begin working on your case quickly to get you the best result as soon as possible.
Violating The Terms Of Probation
Conditions of probation are sometimes difficult to meet when it comes to reporting, paying fines or fees or completing court-ordered classes or community service. Sometimes, your circumstances dictate that you are unable to comply with the probation requirements. Probation officers are not always sympathetic to these situations, even if they are not intentional violations. Having an experienced attorney on your side can mean the difference between freedom and a significant time behind bars.
Violation Of Probation Hearings
If your probation officer believes you have violated the terms of your probation, they can initiate a probation violation hearing. At the hearing, the prosecutor’s burden of proof is lower than in a criminal trial. They do not have to prove that you violated your probation beyond a reasonable doubt, only that there is a preponderance of evidence (greater weight of the evidence). You are not entitled to discovery, nor are you entitled to a jury trial in these hearings. You are entitled to a hearing and the ability to present evidence.
Judges are given a lot of leeway in deciding whether someone has violated their probation or not and what penalties are appropriate. Having an attorney who is experienced in these scenarios is critical in getting the best result possible as quickly as possible.