Probation or community control for some is a great alternative to jail or prison. For others it’s a recipe for disaster. If placed on probation or community control your judge will detail the conditions of your arrangement. In essence it’s a list of do’s and dont’s that must be abided by or your probation officer will enter a violation of your terms and your probationary status will be revoked. It is solely your responsibility to abide by the terms of your probation or community control.
If you find yourself in a position where you have a probation violation, a Judge will be asked to sign a warrant for your arrest and you may be kept in county jail without a bond, pending the results of the violation of probation hearing. At the hearing the burden of proof the State must meet to prove your violation is a preponderance of the evidence, a standard significantly lower than the criminal trial standard of beyond a reasonable doubt. You have no right to a trial by jury. However, the State must prove that the violation was willful and material. While the burden of proof is significantly less on a probation violation, there are viable defenses. Take the proper precautions to protect yourself if you’ve violated probation. When your liberty or the liberty of one you love is at risk, you will need an experienced attorney. If you’ve violated your probation pick up the phone and call a criminal attorney at The Mayberry Law Firm immediately. We’ll answer your call 24 hours a day.