![]() At the hearing, the prosecution must prove that you violated at least one of the terms of your probation by a preponderance of evidence. If you are accused of violating any of the terms of your probation, you will have a probation violation hearing. If the judge believes that it is more likely than not (or by 51% or more of the evidence) that the probation violation occurred, the court is required by law to find the accused in violation of his or her probation. Preponderance of evidence – This is the burden of proof required for a judge to find that a person has violated at least one term of his or her probation.This standard of evidence means that the court must see photos, text messages, emails or any other physical evidence that clearly supports the claims made by the person seeking the restraining order. Clear and convincing evidence – This is typically used in restraining order cases where the individuals involved do not have a relationship that would qualify for a domestic violence restraining order.Beyond a reasonable doubt – This is the highest standard of proof, and it is what must be proven for a jury to convict you at trial.In law, there are generally three standards of proof: Burden of Proof: Preponderance of Evidence ![]() Instead of proving beyond a reasonable doubt that you committed a violation of your probation terms, the prosecutor only needs to prove that there is a preponderance of evidence that shows you committed the violation. However, if you are accused of violating probation, there is a much different burden of proof at your probation violation hearing. ![]() To convict someone of a crime, the prosecutor must prove each of the elements of the crime beyond a reasonable doubt. ![]() In the criminal justice system, every person is presumed innocent until proven guilty. ![]() The Burden of Proof in Probation Violation Hearings ![]()
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