probation violation

Asked on
Monday, Apr 04, 2016

In a Probation hearing can hear say along be enough evidence to be found guilty of a Probation violation

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Apr 05, 2016
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Since the standard of proof is very low to violate probation, hearsay is admissible yet it cannot be the sole basis to violate probation . So for example, if a person is arrested for a crime of violence ,while they are on probation , and the victim refuses to cooperate, a police offer relaying what was said cannot be the sole basis to violate . This is elementary law that every criminal defense attorney, prosecutor, judge and probation officer shoud know.

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Apr 04, 2016
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Hearsay is admissible in PVH's but it cannot be the sole / lone basis to sustain a violation. Some additional evidence will be required. That said, PVH's are not only highly technical but, by definition, the stakes are high. You should be represented by competent counsel at all stages of the proceedings. Wishing you good luck and hoping that I been helpful to you.

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Apr 04, 2016
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Not by itself. But if there is other evidence plus hearsay the answer is yes.

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Apr 04, 2016
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Hearsay is admissible in a VOP hearing, but the violation cannot be found exclusively on hearsay.