A violation of probation may result in having a new penalty awarded according to the sentencing guidelines of the underlying crime the individual was originally convicted.
A violation of probation is a serious matter which is best served with the assistance of an aggressive attorney (lawyer) in your corner.
An individual may be accused of violating their probation as a result of a Technical Violation or a Substantive Violation:
Technical Violation of Probation
A technical violation of probation is when an individual violates the special conditions of their imposed probation. This type of violating the terms of probation does not involve committing a new crime.
Common technical violations of probation include:
Substantive Violation of Probation
A substantive “New Law” violation of probation is when an individual violates the conditions probation by the act of committing a new crime. If convicted of the new crime, the individual will not only face the sentencing of the new crime, but also have the sentencing guidelines of the associated crime which lead to your probation being instated as well.
One of the pitfalls of being accused of a new crime is that even if you are found "not guilty" of the new alleged crime, the court has the authority to revoke your probation and reinstate the original conviction and sentencing guidelines. Unlike your original trial, in a violation of probation hearing, the prosecution must only prove that a "preponderance of the evidence" existed.
If you require experienced legal advice and representation from a qualified Violation of Probation Defense attorney (lawyer), please call our offices to schedule a confidential legal consultation.