If you violate the terms of your probation, you will face what is called a probation surrender. It is your constitutional right to have a hearing. You have important due process rights at the hearing. Some of the rights include:
- The probation department must disclose the evidence to support their claim of a violation
- Written notice of the alleged violation
- Giving your attorney time to prepare for the hearing
- The opportunity to bring facts in support of your case, to argue why you should not be found in violation, and to bring mitigating circumstances
- May cross exam the witness including the probation officer
If you are found in violation, you could end up facing jail time. It is important that you do not violate the terms of your probation. If you do find yourself facing a probation surrender it is important to be properly prepared for the violation of probation hearing.
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