Violation of Probation in General

Probation is a form of supervision that allows individuals to serve their sentences in the community rather than in jail or prison. When a probationer violates the terms of their probation, it triggers a legal process that can result in consequences.

There are far fewer protections in a violation of probation case than there are in a regular criminal case. This also means that it is much easier for the state to prove a violation of probation than the original charge.

Some key differences in a violation of probation:

• There is no statute of limitations

• There is no right to a speedy hearing

• There is no constitutional right to request a bond while awaiting your VOP hearing

• There is no possibility of bond under the Anti Murder Act (not all probationers will qualify)

• There is no right to a jury trial

• Many evidentiary rules do not apply, and hearsay is admissible under certain circumstances

• There is no right to remain silent and you may be forced to testify against yourself

• The standard of proof is much lower: in a regular criminal case the state must prove guilt beyond a reasonable doubt, but in a violation of probation hearing, the state must only prove guilt by a preponderance of evidence