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Violation of Probation
Probation and community control violations are particularly serious offenses for several important reasons. First of all, when someone is charged with a violating their probation, the only relevant issue is whether or not the person violated a general or special condition imposed by the judge at sentencing. It is no longer important whether or not the person committed the underlying crime, has a defense to the underlying crime, or took a plea out of convenience.
Moreover, the person is facing the same punishment he or she could have received originally when they were accused of the crime. For example, if someone pled no contest to a third degree felony and is charged with a probation violation, they would face up to five years in state prison. Another distinguishing factor of a probation violation is that the judge is the trier of fact-not a jury of one’s peers. Additionally, the prosecutor only has to prove that somebody violated their probation or community control by a preponderance of the evidence.
This is in contrast to the higher standard of proof beyond a reasonable doubt used in criminal cases. For these reasons it is absolutely imperative that a person charged with a violation of probation or community control have an experienced and knowledgeable Okaloosa County, Walton County, and Santa Rosa County, violation of probation attorney on their side.
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