Violations of probation hearings get governed by state statute (C.G.S. § 53a-32). You can have violations hearings and an attorney present if charged with violation of probation. Before your hearing you should be aware that:
- You will get arraigned for the violation of probation and a judge may decide to increase or decrease your bond for release (§ 53a-32(b)).
- You may have to continue seeing your probation officer while your violation is pending (§ 53a-32(b)).
- If you cannot afford an attorney, you may qualify for a public defender (53a-32(c)).
- Your probation hearing must be within 120 days of arraignment unless you waive that time frame (§ 53a-32(c)).
A probation revocation hearing is not a criminal proceeding. This means that you are not afforded the same protections you have at a criminal trial. The state only has to prove your violation by a preponderance of the evidence, or that it is more likely than not that you violated your probation.
Violation of Probation
If a court finds that you have violated your probation, it must next decide whether you are allowed to continue your probation. By state law, a court may:
- Continue the sentence of probation.
- Modify or enlarge the conditions of probation.
- Extend the period of probation.
- Revoke the sentence of probation or conditional discharge and order jail time.
If you lose your probation hearing, you may have to serve some or all of your original jail sentence. Therefore, if you think that you may have violated your probation, it is important to call an attorney and find out what your next step should be.