Probation Violation Hearing
Following a Probation Violation Arraignment (refer to Probation Violation Arraignment), if a satisfactory resolution was not reached between the defense attorney and probation officer, a Probation Violation Hearing will be scheduled. During this hearing, the prosecutor will present witnesses who will testify regarding the specific probation terms that were violated. These hearings are challenging to win due to the allowance of “hearsay” evidence, where the probation officer can repeat what others have said occurred, thereby establishing the violation. A skilled defense attorney can call witnesses to challenge the probation officer’s testimony and provide a rebuttal.
If the judge determines that no violation occurred, the defendant will be immediately released and placed back on their original probation terms. However, if the judge finds that a probation violation did take place, they may proceed with the Probation Violation Disposition (see Probation Violation Disposition) immediately or set another court date for it.
For expert guidance and legal representation in Probation Violation Hearings, reach out to the attorneys at TedLaw today. They will assist you in understanding your rights and navigating the complex proceedings effectively.