Probation violations are handled through bench trials

| Jul 13, 2020 | Criminal charges

A person who violates the terms of their probation can face a legal hearing on the matter if the probation officer files it with the court. It’s imperative that anyone who is facing a probation violation explores their defense options carefully. You are facing serious ramifications if you’re found guilty, so be sure to start working on this as soon as possible.

One thing to remember about a probation violation charge is that this is heard during a bench trial. You don’t get a trial before a jury. Instead, you will stand before the judge while your attorney argues your side of the matter. The judge then makes a determination about the matter.

Because the judge is the one who decides your fate, the points your defense attorney raises must have solid legal backing. The judge is very familiar with the law and will use that knowledge when reviewing the case. Your attorney might be able to give you an idea of what may happen in the case because they can look at cases similar to yours and see how the judge ruled.

You must always be honest when you’re dealing with a probation violation. There’s a good chance that the reason for the violation will come up during the trial. Discuss the matter with your attorney ahead of time so that they can factor the reasons into the defense strategy.

As you work with your attorney, remember to consider the possible penalties that you face because of the violation. This may help you as you make decisions about what points to include in the defense.