A violation of probation is a criminal charge that is triggered when you fail to comply with one or more terms of your probation.
When you are placed on probation, the judge gives you several terms and conditions. If you do not do exactly what the judge orders, it is considered a violation. When the probation officer feels that you have not complied with one or more terms of your probation, they file an affidavit with the court. The affidavit sets out all of the things you allegedly did wrong. The judge then signs a warrant for your arrest. This warrant is for a “Violation of Probation.”
A violation of probation is not like other criminal charges. You are not entitled to a bond for a violation of probation. The standard of proof is “preponderance of the evidence.” This is much lower than beyond a reasonable doubt. This means it is easier to be convicted.
In order to prove a violation of probation the State must prove the violation was “willful.” This means they must show you intended to disregard the court’s instruction. When you hire an attorney, the attorney can represent you at the hearing and defend you against those accusations.
Posted in: Violation of Probation