A violation of probation may be alleged if you are accused violating the technical (or administrative) terms of your probation, or if you are accused of committing a new crime.
A Technical Violation of Probation involves failure to adhere to the administrative or special conditions of their probation such as:
A Substantive Violation of Probation involves committing or being directly associated with a new crime or criminal act. If you are currently serving a period of court ordered probation and the violation of your probation was the act of committing a new crime, even if you are found "not guilty" of the new alleged crime, the court has the authority to revoke your probation and reinstate the original conviction and sentencing guidelines. Unlike your original trial, in a violation of probation hearing, the prosecution must only prove that a "preponderance of the evidence" existed.
After hearing the arguments at the probation hearing, the court will render it's decision regarding if the accused violated the terms of their probation. If the court find that a violation of probation has occurred, it has the authority to either give the probation violator a warning or to revoke the probation.
If the probation is revoked, the judge will use the sentencing guidelines for the crime the individual was originally convicted of to impose punishment just as at the end of a trial.
When accused of violating either the Technical or Substantive terms of your probation it is important to be made fully aware of your legal rights, defense strategies, and to have aggressive, detailed, and dedicated legal representation in your corner. Hiring an experienced violation of probation defense attorney may provide you the best opportunity to achieve your desired outcome, or a fair and reasonable resolution.
The Law Offices of
John Gillespie: 386.308.1035
Tracey Kagan: 386.337.5445