Featured News 2012 Probation Violations: What You Need to Know

Probation Violations: What You Need to Know

Have you been accused of violating your parole? It is important that all the information that you need to know regarding consequences as well as your rights are explicated for you. Below are some pertinent facts regarding basic probation knowledge as well as consequences that may help you with your legal proceeding.

Depending upon the type of parole that was violated, there are different consequences that can be given; yet all probation can include community service, required counseling, as well as physical labor, drug testing and jail time. Probation can be categorized into a formal or informal classification; formal probation usually requires that the person must meet with a probation supervisor at a specific time periodically (usually once a month). On the other hand, informal probation, also referred to as summary probation, does not stipulate meeting with a probation officer, but does require that the person keep out of trouble. It may also require the person on probation to complete certain terms agreed upon in the sentence. Depending upon your charge, probation usually lasts for three years; if you were convicted of a felony it may last longer. This also might vary based on the crime that was committed as well as state regulations.

Probation may be violated if you break the agreed upon terms, by ignoring, avoiding, or refusing them. Some possible scenarios may include not appearing at a court date, not compensating someone through a fine or restitution, being arrested for another offense such as using, possessing, or selling illegal drugs; or getting arrested for another offense. Also, depending upon the type of probation that you are serving, you may also violate your parole if you didn't show up for a meeting with your parole supervisor.

If you have violated your probation in one of these manners, there may be serious consequences. As soon as a probation violation occurs you may be arrested again or cited to show up at court. In California, an officer will either arrest you or take you to a court immediately or a judge will issue an arrest warrant. Once at the court, you will be given a probation revocation hearing. If you are notified to come to court, there will be a trial that will decide the following factors:

  • How serious the violation is;
  • The nature of the violation;
  • Your previous criminal record;
  • When the violation occurred; and/or
  • Probation officer's point of view on the violation

In a probation trial it is important to comprehend that a prosecutor is not under the same stipulations as that of a criminal trial; in many court cases a citizen is convicted if the prosecuting attorney can show the defendant is guilty beyond a reasonable doubt. Yet, with a probation trial, the prosecuting attorney only needs to show that the defendant is guilty with 50 percent of the given evidence. Should you not show up for a probation revocation hearing in California, a judge will issue a bench warrant; a bench warrant is a lawful means of securing the person who missed the court date.

Also, in a revocation trial, instead of a jury being present, the judge will decide the particulars of the case. There is certain evidence that a court might consider admissible. Many times, should reliable hearsay evidence be committed, a judge will consider it. If you have violated probation you are allowed certain rights such as the right to an attorney, to call witnesses, to cross examine witnesses, testify on your behalf, as well as explicate any extenuating circumstances to the court. Therefore, it is important to gain access to a legal advisor as soon as you possibly can.

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