To get a criminal conviction, a prosecutor has to be able to prove that a defendant is guilty of violating the law “beyond a reasonable doubt.” A probation violation is different. The “reasonable doubt” standard of proof is generally regarded as a pretty tough standard, one that gives a judge or a jury some wiggle room if they don’t find a prosecutor’s case all that convincing.

But what happens when you violate probation? When you are charged with violating probation, the prosecutor doesn’t have to work so hard to prove it. That’s because the standard of proof isn’t so difficult. All the prosecution has to do is make its case “by a preponderance of the evidence.” That means, more or less, that if the state can show that it is more likely than not that you violated – you are in trouble.

It’s not a slam dunk for prosecutors, though.

When Charged with Probation Violation

If you’re on the radar and get caught slipping, chances are you’ll get violated. Your P.O. Will submit a formal complaint (called an affidavit of violation) to the court, describing exactly how you allegedly messed up. If the judge thinks the P.O. has a case, he’ll get prosecutors involved and either put out an arrest warrant or a summons to appear.

Either way, there will be a hearing or arraignment. At the hearing, the prosecutor will make a case to the judge that it’s more likely than not that you willingly broke the rules and that you knew it.

Probation Violation: Willful and Substantial?

So, the P.O. says you violated, but can he show that it was a major slip done on purpose? Judges decide on a case-by-case basis, and they have pretty wide discretion to decide if your actions fit the bill and that the prosecutor has proved as much. If not, the court cannot revoke probation.

Types of Probation Violations

There are two main types of probation violations:

Material violations occur when someone commits a new crime while on probation. This could be anything from shoplifting to more serious offenses. Getting arrested for any new crime, whether it’s a misdemeanor or felony, typically counts as a material violation.

Technical violations involve breaking the rules of probation without committing a new crime. These are usually less serious and might include things like skipping meetings with your probation officer, not showing up for drug tests, or falling behind on required payments. Even something like moving to a new address without telling your probation officer can count as a technical violation.

Examples of Evidence in Probation Violation Cases

The state can use several kinds of proof to show you violated probation terms. Probation officers might testify in court about things like missed check-ins or failed drug tests, usually backing up their testimony with records they’ve kept. If you’ve been arrested while on probation, the details of that arrest can be used against you – even if you haven’t been convicted of the new charge yet. And if you were required to stay drug-free, failing a drug test can be pretty strong evidence of a violation, especially if you don’t have a good explanation for why you tested positive.

Probation Violation Defense Lawyer

Keep in mind that unlike a criminal trial, the prosecution doesn’t have to prove things beyond a reasonable doubt. They just need to show it’s more likely than not that you broke the rules of your probation. So it’s best to have an aggressive and experienced probation violation defense lawyer.

Call 407-644-2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm.