Probation and parole can be excellent programs for a person who has served all or a portion of their criminal sentence. However, if accused of a parole or probation violation, a person can be lose their freedom without a fair trial. While the rights of a person on parole or probation are not identical to a person who is not, they do still have rights.
At Chambers Law Firm we will work to ensure that your rights are preserved and respected during the process. We will work to present the strongest possible argument. Read on to learn more about this particular situation and then contact us at 714-760-4088 if you are ready for a free legal consultation.
There Are Several Types of Parole / Probation Violation
The terms of one person’s parole or probation will not be identical to another person, which means the ways in which one person may violate the parole or probation can vary from person to person. However, there are some common violations we have dealt with including:
- The commission of a new crime
- Not attending mandatory classes, AA meetings, or anger management
- Refusing to take or failing a drug test
- Not paying fines or restitution
- Not reporting as required to a parole or probation officer
- Not appearing for a court date
Note that this is not an exhaustive list and there many other ways a person can be guilty of parole or probation violation.
We Can Help Fight Your Violation Accusation
The truth of the matter is that it can be harder to win a parole or probation violation hearing than it is to win a criminal trial for one reason: The burden of proof is much lower. In a criminal court, the prosecution is required to prove beyond a reasonable doubt that the defendant is guilty. In a parole or probation violation hearing, there only needs to be a “preponderance of evidence” to suggest guilt. Essentially this means that the judge must feel that it is more likely than not that the accused is guilty of violation.
That said, this does not mean you have no options. When you work with Chambers Law Firm, we will look at all the evidence against you and do our own search for additional evidence is necessary. We may be able to show that the accusations are patently false, that you were the victim of a mistaken identity, or that your rights were violated.
Even if there is a wealth of evidence that you did violate your parole or probation, we can fight to present arguments that show the judge that you should have your probation or parole modified – not revoked. This may result in more restrictions but it will keep you out of jail.
If you have been accused of violating parole or probation then we highly recommend you contact Chambers Law Firm at 714-760-4088 for a free consultation.
