Did you know your probation agent can still try to revoke you even if you get your criminal charges dropped, dismissed, or never even filed? The reason for this is criminal cases have a different burden of proof than probation revocation hearings.
Rules violations are often based on a single incident which may likely result in probation revocation hearings and criminal charges. But your probation agent does not need criminal charges to be filed in order to revoke you. Worse yet, when you get your criminal charges dropped, or you are even acquitted at trial, your probation agent can still try to revoke you.
Remember, O.J. Simpson? He was acquitted of murdering Nicole Brown Simpson and Ronald Goldman in the criminal trial, but he was later found legally responsible for their deaths by a civil jury. This was possible because of differing burdens of proof between the two cases.
- Criminal charges must be proven “beyond a reasonable doubt.”
- Probation rules violations must be proven by a “preponderance of the evidence.”
In probation revocation hearings, the DOC has the burden to prove any rules violations by a preponderance of the evidence. Wis. Admin. Code § HA 2.05(6)(f). Preponderance of the evidence means that it is more likely than not that an event occurred.
“Preponderance of the evidence” is a much lower burden of proof than what is required in criminal charges. Having a lower burden of proof makes it easier for the DOC to prove rules violations
So the bottom line is this: your probation agent can and usually will try to revoke you even if you get your criminal charges dropped, dismissed, or never even filed because criminal cases have a different burden of proof than probation revocation hearings. Probation revocation hearings are different from criminal charges in other important ways that can have a significant impact on the outcome of the hearing. You need an experienced criminal attorney with the skills to level the playing field and win your case.
Probation Revocation Attorney Sydne French will listen carefully to your side of things and give you an honest evaluation of your case. Contact our office now to set up a free consultation with Sydne. She is ready to fight for you, so you can get back to your life!
