What happens if I violate my probation? Will it have effects on my original sentencing?

A probation violation is treated differently than the underlying charge that placed you on probation in the first place.

If you violate your probation, you must first be arraigned for the new offense and then a hearing will normally be set within 14 days.

At the hearing you can either plead to the violation or have a new hearing set for the probation violation.

Because you are already on probation and many of your rights are limited or have been reduced as a result of being on probation, the rules of evidence are not entirely applicable during the new hearing.

The prosecution now must only prove that you are more than likely guilty than not compared to proving that you are guilty beyond a reasonable doubt.

Please don’t hesitate to contact me if you have any additional questions.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

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