What happens if you get probation violation

Defendants at California VOP hearings have only some of the rights that defendants have in criminal trials, including:. There are, however, important differences between a VOP hearing and a criminal proceeding. A probationer already has a conviction for his or her original crime, so some rights no longer apply. And unlike a trial where the prosecution must prove guilt beyond a reasonable doubt, at a VOP hearing, a guilty verdict merely requires that a preponderance of the evidence indicates guilt.

Another right that probationers do not have at VOP hearings is the right to prevent hearsay evidence from being introduced.

Hearsay may be offered as evidence at a VOP hearing if the judge believes that the hearsay evidence is plausible. Hearsay evidence is usually not allowed at criminal trials since the parties that made the hearsay statements are not in the courtroom or available for cross-examination.

At the conclusion of a VOP hearing, if a probationer is found guilty of violating probation, the judge will consider:. After considering these factors, a judge can modify or reinstate the original terms and conditions of probation or revoke probation and order the probationer to serve a prison or jail sentence. If you are sentenced to probation for any felony or misdemeanor conviction, do not ruin your chance to avoid jail or prison, and understand that even if you are charged with violating probation, you may not necessarily be found guilty.

For example, if you violated probation by getting a DWI, you would likely face DWI charges in addition to your original crime. There is, however, an alternative. If you are unable to show that you were not in violation, your probation violation attorney may still be able to negotiate the modification of your probation agreement.

As a result, you may receive stricter terms and longer probation, but it might keep you out of jail. Even if your actions were not inherently illegal, if they violated the terms of your probation, you will likely find yourself in legal trouble. Depending on the type of probation you are under, there are myriad ways to violate terms of probation. Some of the most common include:.

For a free legal consultation, call If you have been arrested for a probation violation, you will either be released on bond, or you will be held without bond. During this time, a hearing will be scheduled for a future date. Hire legal counsel immediately. Your lawyer can position you for a favorable outcome by showing that you did not violate the terms of your probation, or by amending the terms of your probation, for example. Even when your probation has been revoked, your attorney can take certain steps to have it reinstated.

Violating your probation is a serious matter in Texas. These laws are complex, and you could end up in a worse situation than what you originally avoided with probation.

Probation violations often lead to hefty fines, additional criminal charges, and time behind bars. Do not attempt to go it alone. At the Law Offices of Randall B. Contact us today at for a free and confidential consultation about your case. Call or text or complete a Free Case Evaluation form. Full Name. Email Address Phone Number Tell us a little more about your case optional. Law Offices of Randall B. The judge could impose these sentences:. We understand the circumstances that lead to these violations and how to build strong defenses to reduce the negative consequences of a probation violation.

If you are charged with violating your probation, call our office today to schedule a free case analysis to discuss your situation and your options. Phone: