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How long does it take and what do the law have to go threw to find someone that has violated probation???

Wichita Falls, TX |

my boyfriend is on probation and we trying to see what he needs to do

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Attorney answers 2


He needs to hire a defense attorney. If a pv was filed, a warrant was issued and he could be picked up at any time. A bond may already be set. An attorney may be able to arrange a walk-through to post the bond, so he doesn't even have to go into custody. Then the attorney can work the case from there.

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A probationer facing possible revocation needs to get a good criminal defense lawyer working on his or her case.

What does the prosecutor have to prove? Answer: Any violation of the rules of probation imposed by the court, even if the violation is tiny, picky, and technical. An example I have used for years is that even being 5 minutes late to a scheduled probation appointment is technically enough.

And, keep in mind that proof of a violation does not have to be beyond a reasonable doubt. Instead, the less burdensome standard of proof by a preponderance of the evidence is what applies. In everyday English, that means that in a probation revocation case, the prosecutor's evidence simply needs to just ever so slightly tip the scales in favor of the prosecution.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.