Probation Violation Hearing: Everything Is Admissible

Law Offices of EJ Stopyro
Criminal Defense Lawyers in Orange County
Orange County Domestic Violence Attorney

If you are on probation, whether formal or informal, for any crime including domestic violence, DUI, drug possession, drug sales, assault, burglary, theft, or fraud, then you are in a particularly vulnerable position. Being on probation means that you have got jail time “hanging over your head.”  Violating the terms of probation, including committing any new law violation, could land you in the slammer.

If you are accused of violation your probation, you are entitled to a “probation violation hearing”. At such a hearing it is very important to be represented by a skilled Orange County domestic violence lawyer. A single judge sits in judgment, not a jury of 12 ordinary citizens. Moreover, this single judge’s decision doesn’t have to be based on evidence beyond a reasonable doubt. There only has to be a “preponderance of evidence” that you violated probation. To find a fact by a preponderance of evidence means that the evidence shows the fact is more likely than not to be true. This low evidentiary standard is the usual evidential burden in civil cases. So it’s important to be represented by a seasoned drug defense lawyer in Orange County.

 But wait, it gets worse. Not only are probationers not entitled to a jury or protected by the evidential burden of proof beyond a reasonable doubt, they also are not afforded the protection of the 4^th and 5^th Amendments prohibition against unreasonable searches and mandate of Miranda warnings, respectively. So you will need the help of an experienced criminal defense lawyer in Orange County. In the recent case of People v. Lazlo out of the 1^st District Court of Appeal, the defendant, who was on probation, was illegally searched. Police found a forged driver’s license in her purse and she was charged with possession of a forged license AND a probation violation.

The search was challenged by defendant’s criminal defenseattorney and was found to be illegal and the charge of possessing a forged license was dropped. However, even though the search was illegal, the evidence was still admissible at the probation violation hearing. Federal courts have held that illegally obtained evidence is allowed at probation violation hearings UNLESS the police conduct is so bad that it “shocks the consciousness” of the court. Almost no evidence is excluded under this standard. Moreover, in People v. Racklin (2011) 195 Cal.App.4^th 872, the court held that statements made by a defendant who was not given Miranda warnings may also be used at probation violation hearings.

If you have been charged with a probation violation call the Law Offices of EJ Stopyro today at (949) 559-5500. Talk to an experienced Orange County criminal defense lawyer about your case—the consultation is free and confidential. Or visit our website at www.EJEsquire.com.

Law Offices of EJ Stopyro

Domestic Violence lawyers in Orange County
Orange County Criminal Defense Attorney