What Is The Process For Being Charged With A Probation Violation?
When you violate probation the procedure to charge you with the violation is a different process from a normal criminal proceeding. First, you are not entitled to a jury trial and second, the legal standard for proving the violation is much lower than what is required to convict you of other crimes. Because the consequences can be severe, including imprisonment and revocation of your probation (or parole), it is important to contact an attorney as soon as possible.
The law for probation violations requires there be reasonable grounds to believe a violation has occurred. This is the State’s burden to prove, and some things the offender should do include:
- Remaining silent, including not discussing your case with anyone other than your attorney.
● Do not consent to a search of your person or property.
● Identify witnesses and take down their names and phone numbers so they can be interviewed later.
You should also not agree to enter a plea to any of the charges against you. An experienced criminal defense attorney will investigate the facts of your case and interview all witnesses to determine what evidence to present in your favor. A successful defense includes one where you work closely with your attorney to develop a strategy that includes all the relevant information and casts a favorable light upon your case.
If you need help with a probation violation, call a competent criminal defense attorney in Stuart and the Treasure Coast. We offer aggressive representation for all the charges against you. The first visit is a free initial consultation. Call us today to schedule an appointment.