Probation and community control violations are very serious offenses. When someone is charged with violating probation, the only relevant issue is whether the person violated a general or special condition imposed by the judge at sentencing. This means that it is no longer important whether the person has a defense to the underlying crime, took a plea out of convenience, or committed the underlying crime. The person is now facing the same punishment he or she could have received when first accused of the crime. For example, if someone pled no contest to a third degree felony and is charged with a probation violation, they could face up to five years in state prison.
In a probation violation hearing, the prosecutor only has to prove that somebody violated their probation or community control by a preponderance of the evidence, in contrast to the higher standard of proof beyond a reasonable doubt used in criminal cases. There is no longer a jury. Instead, the judge is the trier of fact.
For these reasons, it is absolutely imperative that a person charged with a violation of probation or community control have an experienced and knowledgeable attorney on their side.
If you or a loved one has been arrested for a probation or community control violation, contact Mr. Conan or Mr. Herman today for a CONFIDENTIAL CONSULTATION.