Violation Of Probation

Oftentimes, defendants accused of a crime are sentenced to probation in lieu of a jail or prison sentence. Probation is simply a sentence whereby the criminal offender is released into the community under the supervision of a probation officer. It is not a matter of right but rather an act of grace and clemency available only to those defendants found eligible by the court. It implies that the defendant has a chance to prove himself and the purpose of probation is reform and rehabilitation. For this purpose, the defendant must agree to specified standards of conduct and impliedly promise that if he makes good, his probation will continue; however, his violation of such standards subjects his liberty to revocation.

If a person is charged with a probation violation, it means that they were previously sentenced to release under supervision and allegedly violated one or more of those conditions. Often, the violation of probation arises out of a new law violation, which is also a violation of probation. Usually, probation violation hearings are held before the original sentencing judge.

The sentence a defendant may receive for violating probation depends on many different factors. These factors include, but are not limited to, the nature and severity of the charges for which the person was on probation, whether the defendant was on misdemeanor or felony probation, the nature of the violation and whether there have been prior violations of probation.

In the event that a defendant violates his or her probation by committing a new law violation, the defendant will have two case numbers: one for the violation of probation and one for the new law violation. A violation of probation hearing is different from an initial criminal trial, and here are some of the differences between a trial and a violation of probation hearing:

• The burden of proof is based on a preponderance of the evidence rather than beyond a reasonable doubt.
• There is no right to a jury trial.
• You can be called as a witness by the state at your own hearing.
• The rules of evidence are less stringent and allow the admission of evidence that would have been excluded in the initial trial.

If you have been charged with a violation of probation, you need to contact an attorney immediately. Please do not hesitate to contact Jorge Luis Colón, P.A., by phone at 352-484-1845 or 888-459-5051, or online to schedule your free, confidential consultation.