Four Things About Probation You May Not Know
Not everyone is well versed in the law, but there are some basic things that are well known. For example, most people know that if a couple gets divorced and they have kids, decisions will have to be made about custody and support. But the intricate details of those decisions are the lesser known things that should be left in the hands of a capable attorney to help determine. In criminal cases it is common knowledge that probation is a good way to resolve a case without having to go to jail. Most people are even aware that there are certain rules and requirements that have to be followed while on probation, and if those rules and requirements are not followed then the probation can be revoked. But there is more to probation and a probation violation than these basics, and knowing a few things can help you make decision about whether probation is right for you.
Four things about probation violations you may not know include:
- The State is not put on a timeline to pursue the violation. There is no “statute of limitations” for a probation violation.
- The Judge is the one who hears the case regarding your violation, there is no right to present evidence about whether a violation occurred to a jury.
- The State does not have as heavy a burden of proof to meet in order to prosecute a violation. This is different from other criminal charges, where the burden of proof on the State is greater.
- You may not be allowed to “get out of jail free” while waiting for a hearing on the violation.
Staying the course while on probation can be hard, but when you know the risks it is worth the effort. If you have been arrested for a crime and are considering probation as an option, let us review your case to see what options are available to you. Or, if you have been charged with or arrested for violating probation, call us today for help. We will get to the bottom of the facts and aggressively defend the charges. Most times a violation and the new charge that led to the violation are related, and letting a qualified attorney handle both is more efficient.
If you questions about probation violations, contact an experienced criminal defense attorney in Stuart and the Treasure Coast for answers. Your first visit is a free consultation and we work with you to reach results that fit your needs.