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What should you know about a probation or parole violation?

On Behalf of | Mar 24, 2023 | Parole & Probation

People who are on probation or parole will have to comply with certain terms. When they don’t, the supervising officer can issue a violation. 

A parole or probation violation is a serious matter that’s handled through a bench trial. 

What is a bench trial?

A bench trial for probation or parole violations is a legal proceeding in which an individual who is accused of violating the terms of their parole appears before a judge instead of a jury. The judge presides over the hearing and makes the decision about whether the accused has indeed violated their parole conditions. 

Both the prosecution and the defense can present evidence regarding the alleged parole violations. This may include witness testimonies, documents and any other relevant information. Each side has the chance to cross-examine witnesses presented by the opposing party to challenge their credibility or the accuracy of their testimonies.

The prosecution and the defense present closing arguments, summarizing their respective positions and highlighting the key points of their case. Once this is done, the judge reviews the evidence and arguments presented by both sides and decides whether the accused has violated their parole or probation conditions. 

The judge’s decision is based on the preponderance of the evidence, which means that the prosecution must demonstrate that it is more likely than not that the accused has violated their parole or probation.

If the judge finds that someone violated their parole conditions, the judge may impose a range of consequences, including sentencing them to incarceration. Because of the severity of the situation, anyone facing this type of case should ensure they have someone who can help them fight the accusations.