People who are on probation frequently have limited privacy rights and very strict rules about what they can and cannot do. Unlike most other people in this country, they can be subject to searches of their homes, vehicles, and bodies without a search warrant or probable cause. This means probationers are at particular risk when they walk into a courtroom charged with either a new crime or a probation violation.
- Revocation of probation
- Prison time
- More restrictions or extended probation period
Probation is different.
Probation revocation hearings have different rules than criminal trials — the State does not require the evidence for violations to be “beyond a reasonable doubt.” Instead, probation violations are held to a standard called “preponderance of evidence,” which means prosecutors need only prove that there’s at least a 50% chance a violation was committed. Without the assistance of an attorney experienced in probation revocation defense, it may be incredibly difficult to prove your own innocence.