About Violations of Probation

Violations of probation are treated differently than other offenses. Someone who is on probation has already pled or been found guilty of a criminal offense. Probation violations can be either a new law offense or a technical violation. If you have violated probation, you are entitled to a hearing. At the hearing, the prosecution's burden of proof is lower and is by the preponderance of the evidence, rather than beyond a reasonable doubt. Furthermore, the hearing would be before a judge, and not a jury. If found guilty at the hearing, the judge could sentence you to the maximum sentence allowable on the original, underlying offense. 

​

The law regarding violations of probation is complicated and does not favor the accused. That is why it is extremely important to obtain capable legal counsel if you are facing a violation of probation charge.