What are my rights if I am on probation?

If you are on probation, your rights are limited. The probation officer has the right to make unannounced visits to your home to make sure you are complying with court orders. You must make a true and accurate report monthly to your probation officer even if it may incriminate you. The State has the right to restrict your travel and living situation and they can order you not to hang around certain people.

The two rights you do have is to have a lawyer present to represent you if you violate and to have a hearing to determine if you have actually violated the terms of your probation. But the standard is not beyond a reasonable doubt. The State need only prove its case by a preponderance of the evidence. This means the State must prove that it is more likely than not that you violated.

Posted in: Violation of Probation