Violations of probation are offenses wherein a convicted individual who
has received a probation sentence rather than jail time violates the restrictions
of probation in some way. When a person is issued probation there are
terms set that outline what they can and cannot do. If the terms are violated,
such as failing to check in with a probation officer or reading positive
for a drug test, additional legal problems can be faced. Upon discovery
of the violation, the individual's probation officer can do one of
two things: give a warning, or take the individual to court for a probation
Hearings for Violations
At a probation violation hearing a judge will review the evidence and make
a decision regarding punishment. The judge may decide upon the maximum
penalty the individual faced before being awarded probation – such
as jail or prison. A criminal defense attorney who understands the specifics
of probation violations will be able to represent a supposed probation
violator and help him/her stay out of jail. The experienced lawyers at
LeavenLaw will be able to advise and represent you at your probation violation
hearing to achieve the best result possible.
A hearing for a violation of probation is very different from a normal
criminal trial. For instance:
- The defendant does not have the right to a jury; the judge has sole discretion
in the outcome of the hearing.
- The prosecution does not have to prove guilt beyond a reasonable doubt
– only that it was more than likely that the defendant committed
the violation of probation.
- The defendant may be forced to testify.
- The defendant may have to wait in jail for the hearing; there is no bond
A probation violation conviction could send you back to jail, even if you
were not guilty of the violation or deserve a second chance. Our attorneys
will thoroughly investigate your case and build evidence in your favor
so your rights are protected.