These are big deals. The Criminal Defense Team routinely practices in front of a judge who tells people she places on probation or community corrections sentences (home detention or work release): “I view probation and community corrections as a second chance. You are an adult. I’m not big on giving adults third chances.”
If you are sentenced for a crime and are being supervised by a probation department or community corrections facility, violation of any rules of those less-restrictive punishments can result in you being incarcerated for the suspended part of your sentence. But violations (positive tests for drugs or alcohol; being charged with another crime; not completing ordered programs or classes; etc.) also have to be proven.
The state has to produce evidence to prove your guilt by a preponderance of evidence (51%). This is a lower standard than “beyond reasonable doubt” at trial. Also, probation and community corrections violation hearings are held by the judge; you have no right to a jury trial in these matters. But you need not surrender and make admissions that will land you in jail or prison. Check with our extensive legal expertise. Explore your options. Fight back.
