Thanks for asking me “What are my rights in a Violation of Probation / VOP Hearing?” If you get popped for a VOP (any VOP, be it technical, substantive... it doesn’t matter ) then you’re entitled to due process - meaning that you’re entitled to notice, discovery, time to prepare and an evidentiary hearing, but what you’re NOT entitled to is either bond or a speedy resolution. Worse, at a VOP Hearing the rules of evidence are relaxed (for example hearsay is admissible in a VOP, although it can’t be the only evidence in the case), the burden of proof is lower (in a VOP the standard is “a preponderance of the evidence” not proof beyond a reasonable doubt) and the only limitation on the Court is that in order to punish you it has to first make a finding that your violation was both “willful and substantial”.
If you’re found guilty of a technical violation of probation then you face the maximum sentence that you could have gotten before you were placed on probation, minus credit for any time that you actually spent in jail on that charge, but not including any time that you spent serving probation. A finding of guilt on a substantive violation of probation subjects you to sentencing just like a technical (i.e. the max minus CTS) but, if you’re ultimately found guilty of the new substantive charge as well then you’re subject to a consecutive sentence on the new case.
Please believe me when I tell you that there aren’t many "constants" in the law, but one of them is that neither prosecutors nor Judges look favorably upon people who squander the opportunity that they've been given to serve a community based sanction instead of being in custody by willfully and substantially violating the terms of their probationary sentence, so please, pretty please, take your probation seriously.
Thank you for your question, I appreciate your having asked it and I invite you to ask me more. Remember, at #HaberPA it’s all about reasonable doubt!
At Michael A. Haber, PA "it's all about reasonable doubt"!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
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