Anyone who is on probation knows that there are a number of things you must refrain from doing if you want to avoid violating the terms of your probation. Committing another crime is the quickest and easiest way to have your probation revoked. If you are facing revocation of your probation, you will first be given the opportunity for a hearing. Here is what to expect.
What happens after the alleged violation?
The first thing that happens is a probation revocation hearing will be scheduled. You will receive a summons to appear. If criminal activity is alleged, then you will likely be taken into custody. The purpose of the hearing is to determine whether you have in fact violated your probation. While you are awaiting this hearing, it is very important that you continue to comply with all of the provisions of your probation. Otherwise, you will only be adding fuel to the fire.
The probation revocation hearing
A probation revocation hearing is very similar to a trial, however, the hearing alone will not result in a conviction of any crime. The only purpose is to determine whether or not you have breached the terms of your probation. Unlike most trials, you will not be facing a jury, but instead a judge will listen to the evidence and make the decision.
Your rights at a probation revocation hearing
By law in most states, a defendant is granted certain privileges at a probate revocation hearing. As a defendant, you are entitled to legal representation by a criminal defense attorney. You can also present your own evidence and witnesses, as well as testify on your own behalf. Another major difference between a trial and a probation revocation hearing is that the prosecutor is not required to prove your guilt beyond a reasonable doubt. Only a preponderance of evidence is required. For this reason, you should not face a probation revocation hearing alone.
If you have questions regarding probation revocation, or any other criminal defense matters, please contact Ketcham Law for a consultation by calling us at (205) 296-4233.