Probation Violation Hearing Lawyer in Riverside
Proof of Guilt for Probation Violation Hearings
One factor that makes probation violation hearings that much more difficult to deal with is the fact that the burden of proof is less than for criminal court proceedings. The prosecuting attorney in these cases need only prove that the defendant violated
probation based upon a preponderance of evidence (by more than 50% of the evidence.) This is in stark contrast to the proof "beyond a reasonable doubt" that is required in criminal court proceedings. In addition to giving up certain rights while on
formal or
informal probation, such as protection against unreasonable search and seizures or the right to own a firearm, a probationer will also face this lessened burden of proof at their probation violation hearing. Do not let this be your downfall.
An experienced Riverside probation violation defense attorney will understand how to approach your hearing to effectively challenge the allegations against you. It is true that proof of guilt may seem substantially easier to achieve, particularly without a trial by jury, but this does not mean that all is lost. Your lawyer can build evidence of your good character and compliance with the terms of your probation while simultaneously challenging allegations of the alleged
violation. By providing comprehensive legal strategies to address the matter from every angle, your attorney can seek the best possible result on your behalf.
You Need a Riverside Probation Violation Attorney
In making a decision at your probation violation hearing, the judge will look at the nature of the alleged violation, the probation officer's view of the violation, any prior violations of probation and the defendant's overall conduct and behavior during probation thus far. He or she will then make a ruling based upon whether it is "more than likely" that the defendant committed the violation.
Legal representation is all the more important when facing a probation violation hearing. Make sure you secure the services of a highly experienced and aggressive lawyer. Contact a Riverside Probation Violation Hearing Lawyer at the Law Offices of Gregory H. Comings for a confidential review of your case. |