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Q:     What are the criteria/requirements for evidence for a violation of probation?  I understand that the standard of evidence is “the preponderance of the evidence”, 51%. I also understand that this takes place in… Scroll down to read more!

Q:     What are the criteria/requirements for evidence for a violation of probation?  I understand that the standard of evidence is “the preponderance of the evidence”, 51%. I also understand that this takes place in front of a judge and not a jury.  However, is a VOP affidavit enough to get probation revoked? In other words, is the sworn statement of a probation officer alleging a violation enough evidence, or does there still need to be some material evidence, a formal statement taken, and so on? Thanks any advice.

A:    

Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/what-are-the-criteria-requirements-for-evidence-fo-1374398.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

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9 lawyers agreed with this answer

Brenda A Drake
Brenda A Drake
Criminal Defense Attorney – Jacksonville, FL
Betty Elaine Jones
Betty Elaine Jones
Criminal Defense Attorney – Brandon, FL
Jonathan Hackworth
Jonathan Hackworth
Criminal Defense Attorney – Tampa, FL
Dean George Tsourakis
Dean George Tsourakis
Criminal Defense Attorney – Clearwater, FL
Arthur Richard Troell III
Arthur Richard Troell III
Criminal Defense Attorney – Destin, FL
Christopher Lee Kalberg
Christopher Lee Kalberg
Criminal Defense Attorney – Overland Park, KS
Matthew Alan Rygh
Matthew Alan Rygh
Criminal Defense Attorney – Orlando, FL
Daniel Perez
Daniel Perez
Criminal Defense Attorney – Gainesville, FL
M James Jenkins
M James Jenkins
Criminal Defense Attorney – Pensacola, FL

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Lawyers agree
Answered The proof presented by the State will depend upon the allegation(s) in the affidavit of probation violation.

For example, if you are accused of violating your probation by committing a technical violation(s) then the State will likely simply call your PO and your PO will testify as to the nature of the technical violation (failure to comply with whatever condition(s) that may apply – maybe failure to attend classes or make payments or move or travel without permission, etc.).

If the violation is based upon a new arrest then the State will bring in the arresting officer or the victim and present evidence that you “failed to remain at liberty” during the probationary period. (Note that they do not have to prove that you are guilty in the new case beyond a reasonable doubt – that is another matter for another hearing / trial – rather, the State merely has to prove that you violated the “do not get arrested” condition of your probation.)

The burden of proof is, as you have correctly identified, “a preponderance of the evidence”, and, brutally, unlike in criminal trials hearsay is completely admissible in PVH’s (although it cannot be the sole basis for the Court to rely upon in violating you – there must be something above and beyond hearsay), but the State will be required to make a sufficient showing that a) you willfully violated and b) that your violation was substantial (“willful and substantial” are the standards for PVH’s in FL).

So, say for instance that you are being violated because of failure to make restitution payments. The State would have to show that you had the ability to pay and chose not to pay, and also that your failure to pay was substantial (if you owed $1,000.00 and had paid $900.00 but not the balance it may or may not be considered “substantial”).

Probation is better than incarceration, until you are violated, and then it sucks. Make sure that you are represented by experienced Kissimmee area criminal defense counsel as the same will greatly increase you odds at success.

Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can do a location search here on Avvo or you can search the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/ – and click on the “Find A Lawyer” tab).

Either way, best of luck!

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

Since 1991 Michael A. Haber, P.A. has an unblemished record of providing boutique criminal defense litigation services to many folks who have been accused of criminality. 

Michael A. Haber, Esq. has creatively, effectively and zealously represented clients on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

Michael A. Haber, Esq. is prepared to speak with you about your case!  At Michael A. Haber, P.A. “its all about reasonable doubt”!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.
“Like” Michael A. Haber, Esq. @ www.facebook.com/haberpa / follow Michael A. Haber, Esq. @ http://habercriminallaw.blogspot.com


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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!
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