If you’ve been accused of committing a crime, you likely view any sentence involving probation as a great fortune, particularly if that probation takes the place of extensive fines and time behind bars. However, probation carries numerous risks. If your probation officer even suspects that you have failed to abide by the agreed upon terms, you may quickly find yourself in jail.
Probation violation cases are notoriously stressful, as the prosecution need not prove your guilt beyond a reasonable doubt. The odds may seem stacked against you, but with Colleen Glenn and Andrew Hibbert’s help, you can stay out of jail. The Sarasota lawyers understand how stressful violation accusations can be, and they desire nothing more than to bring your case to a favorable conclusion.
Types of Probation Violations
Probation violations are typically classified as either substantive or technical. Substantive violations occur when those on probation are arrested for crimes that differ significantly from the offenses that first resulted in probation. Technical violations are far more common; these vary significantly but generally involve breaking the terms of the probation. Examples of technical violations include testing positive for drugs or alcohol, failing to show up for mandated courtroom appearances, failing to take part in mandated education programs, or not paying required court fees.
Violation of Probation and Burden of Proof
In standard criminal cases, alleged offenders are protected by the prosecution’s burden of proof. In other words, the person accused of committing the crime is deemed innocent until extensive evidence proves otherwise. Unfortunately, those on probation cannot rely on this burden of proof. Rather than proving reasonable doubt, the state must merely provide a preponderance of the evidence for one judge, who is charged with determining whether a particular individual committed a willful and substantial violation of his or her probation terms.
Glenn & Hibbert, P.A.: Passionate Probation Defense
Probation violation charges are serious — if found guilty, you could be forced to complete the original maximum jail sentence or pay the maximum fines associated with your initial criminal allegations. However, if you work with Sarasota lawyers Colleen Glenn and Andrew Hibbert, you can avoid harsh criminal sentencing. Through exhaustive investigation and effective legal strategy, the lawyers of Glenn & Hibbert, P.A. can prove that you complied with the terms of your probation agreement.