Probation is a sentence handed down by a judge. It could be in lieu of time in jail or in addition to jail time. When a person is on probation, they must abide by the rules imposed by the court. There might be general rules such as not committing crime, not using illegal drugs and reporting to the probation officer on a predetermined schedule. The court or probation officer may also add other rules, such as participation in a drug treatment program or community service. Failure to follow these rules could result in a probation violation and time in jail.
Anytime a defendant is charged with a violation, they need an experienced Philadelphia probation violation lawyer to represent them. These cases are typically handled very quickly by the court so the defendant must not waste time in hiring a lawyer. In order to revoke probation and send the defendant to jail, the probation officer must first show there is a reasonable cause to believe the probation was violated. The burden of proof is low and this informal hearing is typically held in the probation department offices.
The second hearing takes place in front of a judge. A Philadelphia probation violation lawyer may be present with the defendant during this hearing. The burden of proof in a probation violation hearing in Pennsylvania is only preponderance of the evidence. This lower burden of proof makes it easier for probation officers to prove a violation exists. However, a defendant does have the right to cross examine the probation officer and the state’s witnesses as well as call their own witnesses. Because the defendant could be sentenced to jail for a violation of the terms of their probation, it’s important to be prepared for this hearing. Browse website to find out the best way to get ready for a hearing.
If the judge agrees that a defendant violated their probation, they will impose a sentence. Typically, the probation officer will suggest a sentence and give the defendant an option to agree to it. The sentence might be additional time on probation or jail. The judge will usually accept any agreement made between the defendant and probation officer. If they are unable to agree, the judge will determine the sentence and it could be more or less than the proposal by the probation officer.
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