Being on probation is like having one foot in jail. An ordinary citizen is innocent until proven guilty. He has the right to a trial by jury and can only be punished if he is proven guilty beyond a reasonable doubt.
Probationers have far fewer rights. Probation is a type of sentence for criminal conduct. It is an alternative to jail or prison. Probationers are required to abide by numerous conditions. Common conditions include the payment of fines, performance of community service, abstinence from drugs and alcohol and taking court ordered classes. Every probationer is required not to commit another crime. Accordingly, any crime committed while on probation can be prosecuted both as a new offense and as a violation of probation.
Courts used streamlined procedures to handle violations of probation. Probationers are not entitled to a jury trial, their cases are heard by a judge sitting without a jury. The state does not have to prove a violation occurred beyond a reasonable doubt, it needs only prove that it is more likely than not that the defendant violated his probation. Because of these expedited procedures, many hearings for violations of probation take only a few minutes.
It gets worse. A probation officer can obtain a warrant for the arrest of a probationer simply by asking a judge. Once this warrant is issued, the defendant can be held without bond. In Henry County, it can take two months or longer for a defendant accused of violating felony probation to be brought before a judge.
If you are accused of a violation of probation, you are at a high risk of serving a long jail or prison sentence. It is important to think realistically about your case and whether the state can convince a judge that you violated your probation. If the state’s case is strong, and it often is, your best bet is to seek an alternative sentence, such as drug or alcohol rehabilitation.
I have handled hundreds of probation revocations. I know what is possible and what is not. My goal in probation revocations is typically to obtain a more lenient sentence than the judge usually imposes. In probation revocation hearings, miracles are rare. Compassionate sentences don’t have to be. Hire me and I’ll help you get a sentence you can live with.
For more information visit: https://www.mcdonoughgalawyer.com/