- You failed to remain in contact with your Probation or Parole officer
- You failed a drug test or alcohol test
- You failed to complete your community service hours
- You failed to pay a fine or restitution
- You are accused of a new offense
In probation and parole violations, the State has a lower burden of proof. Unlike in a criminal trial where the State has the burden to prove your crime beyond a reasonable doubt, in a hearing to revoke your probation or parole the State only has to prove your violation by the preponderance of the evidence – a standard that requires less convincing evidence.
Under Georgia law, probation and parole are regarded as a privilege, not a right. As a practical matter, however, the risk of imprisonment on a probation or parole violation will usually only come up when you are charged with a violation of a condition of probation or parole or are arrested for a new offense. If you find yourself in either situation, contact us about your legal options and to minimize the possibility of prison.
Alleged probation violations such as a failed drug or alcohol test, a missed appointment with a probation or parole officer, non-completion of a court-ordered treatment or counseling program, or association with a known criminal can all result in a motion to revoke your probation or parole, where the court will determine whether the violation occurred as charged. Unlike criminal proceedings, a motion to revoke hearing is conducted without a jury and the prosecution need not prove your guilt beyond a reasonable doubt. Instead, revocation of probation can be based on the judge’s finding of a violation by a preponderance of the evidence, which simply means that it is more likely than not that the violation of probation occurred.
If you’ve been accused of violating your probation or parole, or you believe there may be a warrant out for your arrest, contact Crawford and Boyle today and let us defend your case!
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