Probation allows you to serve your sentence without being behind bars, but you are required to follow a strict set of probation terms, which may include visits to a probation officer, attending counseling, and/or treatment programs.
If you fail to comply with the terms, your probation could be revoked and you can serve jail time.
What Happens If I’m Accused Of Violating Probation?
You will likely be arrested and placed in custody until your probation violation hearing. At your hearing, the court will determine if you are guilty of violating one or more of the terms of your probation.
The Prosecutor needs to prove that you violated probation with a “preponderance of the evidence,” which means that it is – more likely than not – that you did violate probation.
If the court finds a violation, the judge will either revoke your probation terms and impose a jail sentence, or let you remain on probation with additional or stricter terms.
At your hearing, your defense lawyer may present an argument with potential evidence that shows you did not violate your probation or that the violation was not intentional, leading to the possible dismissal of your charges or limiting your punishment.
If you or someone you love has been accused of violating probation, don’t face the charges alosne.
Defense attorney Nathan Akamine will help you. He is a former Franklin County Prosecutor and he has successfully defended clients at probation violation hearings for 20+ years.