Not following the conditions of probation can probably be the gravest mistake that a criminal defendant could ever commit given that such is a privilege not to suffer the original penalties supposedly imposed by the court. It is primarily because such is a legal ground to revoke the probation that could lead to re-imposition of the original sentence or separate penalty depending on the laws in particular jurisdiction. But just as the rules vary in different states, the guidelines also do; hence, a defendant should always be wary on every piece of information stipulated in the condition. Nonetheless, it is a general rule among most states to include in the condition that the probationer should obey all laws; otherwise, failure to do so could land him or her in jail. And if such happens, these essential matters will be observed in revoking the probation:
Probation Revocation Hearing
Even without a jury, a probation revocation hearing can commence in court where both the prosecution and the defense are required to present pieces of evidence to convince the judge why the defendant should or should not be subjected to any punishment which was originally imposed. In such instance, the defendant is also allowed to counsel, but the judge needs not to follow the stringent rules of evidence. As such, the legal standards in probation revocation hearing are lighter than the standard in criminal trials which is proof beyond a reasonable doubt. Those standards are not easy to quantify, though the evidence should not be that compelling to revoke probation. Thus, in revocation hearing, the prosecution will just prove the preponderance of the evidence that the accused had really violated the conditions of probation, which is why such privilege can be lost more easily than the person’s freedom.
In case the violation in any of the probation conditions was discovered and reported, the concern then is whether the prosecution needs to secure new conviction before revoking the probation. Generally, the court will conduct a probation revocation hearing which might commence after the new offense has been disposed of. But if it is not a new offense yet constituting a violation to the condition of probation, the hearing could also take place immediately after the violation is reported. And if this is instituted, the defendant is entitled to be notified about the place, time, and reason for the probation revocation hearing.
Who has the Burden of Proof in Revocation Hearing?
It is noteworthy that the revocation hearing is not similar to criminal trial because the burden of proof for the prosecution is not beyond reasonable doubt. Instead, it only requires less weighty evidence to prove that the violation was really committed; hence, the probation can be revoked even if the accused was tried and acquitted. Meanwhile, if the defendant was arrested for a new charge which is also a violation to the probation condition, the defense can negotiate new plea bargain to cover both offenses; it is typically practiced in busy courts to avoid further backlogging in the pending cases.
Nevertheless, if ever your probation will consequently be subjected to revocation, the most important thing you should not forget is hiring a competent defense lawyer to save such privilege and avoid harsher penalties.
