Here are a few issues that regularly come up during Violation of Probation Evidentiary Hearings, and have been able to use certain evidentiary challenges to my client’s advantage to win their probation violation cases:
- Hearsay cannot be the only basis for the violation. This means that the prosecution must present at least some direct evidence of the law violation. Many times the State Attorneys try to skate by without following these evidentiary rules.
- Positive Drug Tests must be properly introduced as evidence and the prosecution must lay the proper foundation in order to admit the positive test results from the Drug Testing Laboratory. Recent scandals from these Drug Testing Laboratories may also invalidate the results of your positive test.
- A violation for Failure to Pay for your costs, fees, or restitution requires the prosecution to prove that you had the ability to pay for these things, but intentionally withheld the funds.
If you or a family member is facing a violation of probation issue in Okaloosa County and need a skilled attorney, call me at (850) 362-6655.