What do people mean when they say PROBATION Violations?
The problem with probation violations is three-fold: First, the State’s burden of proof is significantly lower than that which is required to convict the same person in trial (i.e. its traditionally easier for the State to win a probation violation case); Second, there is no jury in a probation violation hearing so the Judge (and often times the very same Judge who initially sentenced the subject to probation) decides the offender’s fate; and Finally, it is not uncommon to be denied bond in probation violation matters (i.e. the offender is likely to be incarcerated from the time of arrest up until the time of hearing).
Thus it has been said that accepting probation (or “being placed on paper”) is like making a deal with the devil. In fact, it appears that many times the State will offer a given individual a probationary plea in a case which isn’t a particularly strong one as they are confident that the offender is likely to violate sooner than later, and once that happens then the State will get a tough and quick sentence.
This not withstanding, many people are good candidates for probation and there are certainly valid and effective defenses to many probation violation charges.
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