If you’re one of the 4.65 million people on parole or probation, then you’re probably already dealing with the various hardships that accompany such a situation. For instance, if you were found guilty of a DUI, you may be prohibited from driving. Or there may be a device implanted in your car to prevent you from operating your vehicle after drinking. You may even have to wear an ankle bracelet. Under such conditions, you might find yourself, even inadvertently, committing an infraction, which – if you have an overworked probation officer like many people – can result in a hearing before the same judge who sentenced you in the first place.
The Hearing
If you find yourself in a courtroom, you’ll want to decide whether you’re going to admit that you violated your probation. This is a tough decision because, once you confess, the judge has the ability to put you in jail for a finite period of time. That being said, in some cases, judges will opt for a punitive fine or more severe conditions on your probation.
One of the upsides of confessing is that you’ll have a chance to explain your situation. If the judge understands the circumstances under which the infraction occurred, he or she might be able to mitigate the punishment.
Arguments
If you deny the accusations made against you, you will have to argue (ideally with the help of an attorney) your side of the case – just like in a trial. The only substantial difference between a hearing and a criminal trial is that, in a hearing, the prosecution merely has to convince the judge that the likelihood of you having committed an infraction is higher than you not having committed said infraction.
This is what is known as a “preponderance of the evidence” standard. It differs, in theory, from the so-called reasonable doubt threshold, according to which the prosecution must prove that the defendant committed a crime beyond a reasonable doubt. Put another way, if the jury or judge has even a reasonable doubt regarding the guilt of the defendant, they should deliver a not-guilty verdict. But under a “preponderance of evidence” standard, the scale is tipped in the other direction, and the judge must render a guilty verdict if he or she thinks believes that the evidence shows that the defendant more likely than not violated the conditions of his or her probation.
Good Behavio
Of course, it’s best to limit the possibility of ever going before a judge for such a hearing. To that end, it’s good to abide by a few basic principles. As mentioned, parole officers tend to be overworked and generally stressed, having to deal with, in some situations, 400 cases at a time. For this reason, it’s a good idea to stay on your probation officer’s good side by being as polite as possible. And where you find yourself too stressed to be perpetually polite (because being on probation is no vacation either), you can instead be a diligent partner, helping out wherever you can. Similarly, being on time can be a simple but effective tactic for staying on your officer’s good side.
The Payoff
These tactics can pay off when you slip up and miss a deadline or violate your probation on a technicality. For instance, you might travel somewhere prohibited under the terms of your probation. In such cases, if you’ve been on good terms with your PO, he or she might give you a warning instead of putting you before a judge.
But if your PO orders you to go before a judge for a technical violation hearing, you should hire an attorney with experience in the criminal justice system and specifically the probation system in your state.
Don’t take our word for it. Talk to a criminal defense law firm.
