VIOLATION OF PROBATION
The court will notify you that you are being accused of a VOP, or Violation of Probation and that you have to come back to court to be arraigned. You will enter a plea, and Bond will be addressed.
Depending on how you plea you may have to return to the court for a Show Cause Hearing for the alleged violation of probation.
There are some major differences at this hearing:
Rules of evidence are not followed the same way. Hearsay evidence is admissible. Depending on the facts of your case this relaxed rule of evidence can be helpful to you in adding in your defense, or it could hurt you in proving guilt.
Juries are not allowed,
The prosecutor’s burden is not the same as if the hearing were a criminal trial. The burden is only a preponderance of the evidence.
If you plea guilty or are found to be guilty the next hearing is sentencing. Common
sentences include:
• Jail
• Work Release
• Drug or Alcohol Treatment
• Community Service
• Fines and Costs
• Extended Probation
Violation of probation penalties
If you are found guilty for a violation of probation you can be sentenced to any penalty that was available on the underlying crime for which you are on probation for. A violation of probation can result in the violation itself and a new criminal charge if the violation was due to a new arrest.
For example, if you were on probation for a drinking and driving first offense and are later arrested for possession of marijuana you would face a violation of probation on the drinking and driving offense and could be sent to jail for 93 days. You would still have to answer to the new drug offense and would be responsible for any fines associated with that charge as well.
PROBATION MODIFICATIONS
On a motion the Defendant may request a change in the terms of probation. The Sentencing Judge has a great deal of latitude to change the probation requirements.
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