May 5, 2011 By Wallin & Klarich

For probation violations, the defendant is not entitled to a trial by jury. The court is the finder of fact for probation violations. Probation violations arise when a defendant fails to pay required fines, fails to obey all laws, commits a new offense, fails to pay restitution to the victim, etc.

If there is a probation violation alleged then there is a right to a hearing, before a judge, not a jury, on the matter. At this hearing, the prosecution must prove that it is more likely than not that you violated your probation. This is not a reasonable doubt standard, it is known as a “preponderance of the evidence.” What this means is that the prosecution does not have to make as strong a case to prove a probation violation as it does to prove an initial crime. At the hearing the judge may consider a range of factors in deciding both if there has been a violation and also if there are mitigating factors that can effect what consequences there may be.

In order to make sure that your rights are accurately and aggressively defended while on probation in Southern California, you should contact the experienced Southern California criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome. Call Wallin & Klarich today at 888-280-6839 or visit to find out more about how we can help.

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