After a Probation Violation Arraignment is held (see Probation Violation Arraignment), and if no adequate disposition was agreed upon between the defense attorney and the probation officer, then a Probation Violation Hearing will be held. At this point, the prosecutor will bring in witnesses to testify as to exactly which terms of probation were violated. These Probation Violation Hearings are very difficult to win due to the fact that “hearsay” evidence is allowed. The probation officer can merely repeat what other people said occurred, which results in the violation. A skilled defense attorney can bring in witnesses to rebut any evidence that the probation officer may testify about. If it is found by the judge that there was no violation, a Defendant will be released immediately and placed back on his original terms of probation. If the judge finds that there was a probation violation, he will either hold the Probation Violation Disposition (see Probation Violation Disposition) immediately, or he will set it over for another court date.
Contact The Law Offices of David Michael Cantor and speak to an attorney about Probation Violation Hearings.