Most people know that if they agree to go on probation, they will have to follow certain rules and procedures and if they do not, that their probation can be revoked. It is also pretty common knowledge that when probation is revoked, you face a much more harsh punishment, which could lead to you spending some time in jail. But there are other aspects of probation violations that are not as well-known, but should be if you are considering going on probation or have been charged with a violation of probation.
Six pitfalls of probation violations that you may not know about include the following:
- There is no time limit for pursuing the violation. So if you think you can avoid prosecution of a violation by leaving the state, you will be surprised upon coming home to find out you are still liable for the violation and could be arrested and hauled into Court to face the charges.
- The standard for a conviction is not as stringent; the State does not have to prove your guilt beyond a reasonable doubt. When the legal standard is not as high, the likelihood of being convicted increases.
- You will probably be denied bond while waiting for your hearing. This is different from the first time around, where you likely bonded out while you waited to go to Court and agree to your probation.
- The right to a trial by jury is not an option, so the Judge will be the one deciding your fate rather than a “jury of your peers”. Most times Judges are more hardnosed than what a jury might be, so you have to fight even harder for a good result.
- The rules of evidence are not as strict, and hearsay statements can be brought into Court and used against you.
- You will be asked questions, the answers to which may amount to you basically incrimi9nating yourself.
This list makes it easy to see how important it is to stay on track while on probation, or else you could fall victim to a more harsh punishment. If you have been arrested for a crime, let us help you get the best result possible. If probation is right for you, we will work hard to make sure the terms are ones you can follow and that you understand. If you are already on probation and have been charged with a violation, we can help there too. Call us today to find out more.