If you admit to a crime or are found guilty of a crime you are generally, but not always, placed on probation. You need to follow certain rules. Condition(s) of probation are the rules in probation. If you don't follow the rules you get a notified that you are in violation. And any violation of a condition can land you in jail for up to there full jail term of the criminal charge. The most common violation of your conditions of probation is a new criminal charge while on probation.
First, a judge, or in some cases the probation officer, determines that you should be taken into custody following a full hearing. In those cases the judge will look at the:
Next, the court schedules the final probation hearing. The final hearing usually occurs between 30 or more days after the initial notification of a violation. At that revocation hearing the judge must determine whether or not the defendant actually violated probation and whether or not there is probable cause for a violation. Note that even in criminal court you do not need to be prove a probation violation beyond a reasonable doubt. Probable cause is the burden of proof.
Sometimes a judge will find a violation and not change anything. The important thing to remember is anytime there is a probation violation, the judge has a wide array of options. It is important to be prepared should the judge seek a more severe alternative.Lastly, in a probation violation hearings witnesses and accusers are not always required. In these hearings there is a relaxed standard for evidence and testimony so the normal rules of evidence do not apply. Like any case, it is important to prepare for every contingency, because whatever sentence the judge sets at the end of the hearing will be final.
IF YOU OR A LOVED ONE HAVE A QUESTION ABOUT A PROBATION VIOLATION, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.