The majority of individuals in California think that they are innocent unless proven guilty in the criminal justice system. They think that in order to be found guilty of a crime, they must have their guilt established beyond a shadow of a doubt. While these statements are accurate in virtually all circumstances, there is one exception: parole violations.
The court just needs to demonstrate that there is a "preponderance of evidence" that you breached your probation in this case; they are not required to establish your guilt beyond a reasonable doubt. Learn what this means by reading on, and then contact Law Office of Michael L. Fell at (949) 585-9055 to learn how to fight it.
There Are Three Types of Proof
In actuality, there are three legal standards of proof. They are:
- Beyond a reasonable doubt. To be found guilty at trial, a defendant must be found guilty of this offense, which is the most difficult to show.
- Clear and compelling evidence. Most frequently utilized in restraining order violations where the parties involved don't have the kind of relationship that would constitute domestic violence. According to this level of proof, the court must be provided images, emails, texts, etc. that unequivocally prove the accuser's allegations.
- A preponderance of evidence. A person may be found in violation of their probation if the court determines that it is more probable than not that they did anything wrong (i.e., more than 51% of the evidence indicates that the violation occurred).
If you have been charged with violating the terms of your probation, you will be given a hearing at which the prosecution will attempt to prove that you did so.
In A Hearing for a Probation Violation, Hearsay Testimony is Acceptable
Hearsay testimony is not permitted during a criminal trial. With a probation violation hearing, such is not the case. Anything you stated outside of court that provides details about your alleged breach and is deemed credible by the courts may be used.
If The Court Determines That You Have Violated Your Probation, It Has Choices
It could appear that being found in breach of your probation would have a profound impact on your life. The truth is that you won't definitely end up back in jail. The judge will actually have numerous possibilities. One of them is to end your probation and send you to jail or prison. But there are others.
They might let you continue on probation and merely lengthen your sentence. They could also include new clauses, including the need to take alcohol or drug classes. They might even extend your probation without changing it. How serious the offense was will be the major factor the judge takes into account.
You'll probably be sent back to jail if you're found committing a new offense. Yet regardless of what you're accused of, having a lawyer on your side will give you a greater chance. To learn more, contact Law Office of Michael L. Fell at (949) 585-9055.