A violation of Probation or supervision happens when you are on a sentence of probation or supervision and you either get charged with a new offense or fail to complete one or more of the requirements of your original sentence.
New Offense:
One of the conditions of probation or supervision is that you do NOT commit any new offenses. For example, if you are on court supervision for a DUI and you get charged and are found guilty of driving without a valid license, this new charge becomes is a violation of your supervision.
When the prosecutor of the original case finds out that you were charged with a new offense, they will file a document called a “Petition to Revoke”. This petition seeks to take away the sentence the court previously gave you and allows the court to resentence you to a different – MORE SEVERE sentence.
The court will usually continue the “Petition to Revoke” until there is a disposition on the new charge. A disposition means that the new case resulted in either a plea of guilty or the case is dismissed.
In some circumstances the court can proceed with the “Petition to Revoke” even if the new case is dismissed. This is because on a new charge the prosecutor has to prove you are guilty “beyond a reasonable doubt,” (approximately 85% guilty) and on the “Petition to Revoke” the prosecutor only has to prove by a “preponderance of the evidence” (approximately 51%) that you committed the new offense. Because it is easier to prove you violated your sentence than it is to prove you are guilty of the new offense, some prosecutors with difficult cases elect to proceed with the violation only.
Failure to Follow Terms of the Original Sentence:
If you fail to follow any term of your sentence, the prosecutor will file a “Petition to Revoke.” One type of violation of original sentence could be as simple as failure to pay the fine and or court costs. If the court finds that you did fail to abide by the sentence the court can resentence you.
Representation by an attorney is important as the court can set a new bond on the violation or can resentence you to a greater sentence that can include jail.
I offer a free, no obligation consultation. Either by phone or in-person. Based upon the facts, I may give you advise that could avoid the necessity of hiring an attorney.
Michael J. Young
(708) 410-0090
