New law violations occur when an individual is arrested for a new crime while serving a probationary sentence.

Both types of violations can have devastating consequences on an individual’s life. First, there is no right to a bond on a violation of probation case. Therefore, the judge can require the individual accused of violating probation to sit in jail until the violation is resolved. This could range from a few weeks to a few months. Second, the burden of proof required for the state to prove the violating is not beyond a reasonable doubt. Rather, the standard is simply preponderance of the evidence, which is a much lesser burden. Third, there is no right to remain silent in a violation of probation hearing, except to the new law violation. Therefore, the state can call you as a witness and have you answer to the court why you did not complete your ordered sanctions. These statements can be used against you in the violation of probation hearing. Fourth, the rules of evidence are relaxed and hearsay is admissible in the proceeding. Thus, statements from third parties can be used against you to prove that you either knew of the conditions of your probation or violated them. Lastly, the state can allege numerous violations of probation on the violation of probation affidavit. And unlike a trial, where the State has to prove every allegation against you, in a violation of probation hearing, the State only needs to prove one of the allegations against you for the court to find that you violated a condition of your probation.

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The penalties for violations of probation can be very severe. A judge can revoke and terminate probation, reinstate the client’s original terms of probation, extend the length of probation longer than the original plea agreement, or sentence the client to the maximum jail or prison term.

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An example helps illustrate the violation of probation process. For example, if you were charged with grand theft, a third degree felony, punishable up to five years in prison, and pled to a withhold of adjudication, 18 months of supervised probation, an Impulse Control Class, 50 hours of community service, and Court Costs, every condition must be completed during the term of probation. If you do not complete the Impulse Control Class, complete the community service hours, or pay the court costs, your probation officer or prosecutor would file an affidavit alleging three violations of probation. A judge would review the violation of probation affidavit and issue a warrant for your arrest and likely give you no bond. If you were to contest the violations at a hearing, the state would only have to prove one of the three alleged violations. If the court found by preponderance of evidence that you did not complete one of the three sanctions, he could adjudicate you guilty of the grand theft, sentence you up to five years in prison or any other sanction he felt appropriate. The same would apply for a new law violation committed while out on probation.

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If you have been arrested for a violation of probation, contact the Law Office of Bhavik Patel today. We will work hard and try to get a bond set in your case and dismiss the violation of probation.

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