If your probation officer thinks that you have violated your probation, they will contact the police. Violation of probation will oftentimes result in the revocation of probation. But first, the state has to prove that you really violated your probation. The police will then have to provide a standard of evidence to prove that violation of probation has actually occurred. You can learn more about this standard of evidence here.
Violation of Probation
If your probation officer and the state feel that you have violated your probation, they must prove that you either:
- Committed a new crime while you were out on probation; or
- You willfully violated the conditions of your probation
Unfortunately for many defendants, it is not always clear what “willful” violation of probation means, and a lot of the time this means that the state has an easier time proving your guilt than you will have proving your innocence. This is because the standard of evidence is low in violation of probation cases. Even minor incidents, such as speeding in a motor vehicle or breaking your curfew can put your probation at risk and fall into the “violation of probation” category.
However, you still have the right to plead your case during a probation hearing. The state will try to prove their standard of evidence, and you are free to present your own evidence. You should at least try to prove your innocence during this hearing.
Because violation of evidence cases are so hard for defendants to prove, this means that you need a lawyer fighting for you as soon as you are charged with this crime. Our attorneys can review your case and build the best case that we can for you. Let’s discuss your case in a free consultation today!