When an individual is accused of violating the terms of his or her probation, it is a serious matter which should be aggressively defended. A violation of probation is not a new crime, but the act of not living up to the stipulations and responsibilities of the terms of probation that the court has ordered.
When there is a plea bargain, or the court chooses to impose a term of probation instead of jail or prison time, it is generally considered an act of faith that the individual has learned from his or her mistake, has the ability to stay out of trouble, and follow the orders handed down by the court. When an individual violates the terms of probation, the courts generally do not act favorably as the courts do not like it when they show a leap of faith for an individual, and their "good will" is taken for granted.
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An individual may be accused of violating their probation as a result of a "Technical Violation" or a "Substantive Violation."
Technical Violation of Probation: occurs when an individual violates the special conditions of their imposed probation. This type of violating the terms of probation does not involve committing a new crime. Common technical violations of probation include:
Substantive Violation of Probation: occurs when an individual violates the conditions probation by the act of committing a new crime. If convicted of the new crime, the individual will not only face the sentencing of the new crime, but also have the sentencing guidelines of the associated crime which lead to your probation being instated as well.
Being accused of a new crime while already on probation can have disastrous consequences. Even if you are found "not guilty" of the new alleged crime, the court has the authority 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.