An accusation of a violation of probation is a serious issue. While it is not a new crime, if proven, the underlying conviction, and the sentencing guidelines of that conviction may be re-instated and enforced.
There are two types of a violation of probation; Technical Violation of Probation and Substantive Violation of Probation:
Technical Violation of Probation:
A technical violation of probation is when an individual violates the special conditions of their imposed probation. This not involve committing a new crime. Common technical violations of probation include:
Substantive Violation of Probation:
A substantive violation of probation involves an arrest or charge of a new crime. If convicted of the new crime, the individual will not only face the sentencing of the new crime, but also sentencing guidelines of conviction in which you were awarded probation.
If charged with a new criminal charge, even if you are found "not guilty" of the new alleged crime, the court still has the discretion to revoke your probation and reinstate the original conviction and sentencing guidelines. Unlike your original trial, in a violation of probation hearing, the prosecution must only prove that a "preponderance of the evidence" existed.
The Law Office of Joe Castrofort, PLLC possesses thorough knowledge regarding all State and Federal laws regarding violation of probation defense issues, and has the experience to effectively employ this knowledge in defending you against allegations of a violation of probation.