Probation Violation

Probation Violation

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.

Phases of a Probation Violation Hearing

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:

  • Nature of the violation
  • Severity of the conduct or violation
  • History of the probationer

The Final Hearing

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.

The Final Hearing

The second portion of the hearing the judge must determine:

  • If a violation did occur
  • Whether or not to revoke the probation and sentence the defendant
  • Whether or not to modify the terms of probation.

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.

Dispositions After A Finding of Violation

After the court has determined that a violation of probation has occurred, the court can order any of the following for the probationer to: 

  • Continue the conditions of probations as before
  • Terminate probation
  • Modify the conditions of probation
  • Revoke probation all together
     

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.

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