Most people believe that the criminal justice system in California considers them innocent until proven guilty. They believe that in order to be convicted of a crime, they must be proven to be guilty of the crime beyond a reasonable doubt. While these are true facts for almost all situations, there is one in which it’s false: Parole violations.
In this case, the court doesn’t have to prove that you were guilty beyond a reasonable doubt – they only need to prove that there is a “preponderance of evidence” that you violated your probation. Read on to learn what this means and then call Law Office of Michael L. Fell at (949) 585-9055 to find out how you can fight it.
There are three standards of proof
There are actually three standards of proof in law. They are:
- Beyond a reasonable doubt. This is the hardest to prove and is what a jury must be convinced of for a person to be convicted at trial.
- Clear and convincing evidence. Most usually used in cases involving restraining orders in which the people involved don’t have the type of relationship that would involve domestic violence. This standard or proof means that the court must be shown pictures, emails, texts, etc. that clearly supports the claims of the accuser.
- Preponderance of evidence. A person can be found in violation of their probation if the judge feels that it’s more likely than not (meaning, there’s more than 51% of the evidence showing that the violation took place) that the person is guilty.
If you’ve been accused of probation violation, then you’ll be granted a hearing at which the prosecution will work to show that you violated one or more of the terms laid out in your probation.
Hearsay evidence is fair game in a probation violation hearing
In a criminal trial, hearsay evidence is not allowed. That’s not the case with a probation violation hearing. Anything you said outside of court that reveals information about your alleged violation, and that the courts consider reliable, can be used.
The court has options if they do find that you’re in violation of your probation
It may seem as though being found in violation of your probation would be a life-changing experience. The truth is that you won’t necessarily be going back to jail. The judge will actually have many options. One of them is to terminate your probation and send you to jail or prison. However, there are others.
They could allow you to stay on probation and simply extend your term. They could also add additional terms, such as the requirement to attend drug or alcohol classes. They may even reinstate your probation without making any changes to it. The main thing the judge will consider is how serious the violation was. If you’re caught committing a new crime, then you’ll likely be going back to jail. No matter what you’re accused of though, you have a better chance with an attorney on your side. Call Law Office of Michael L. Fell at (949) 585-9055 to learn more.