Probation Violation

New Mexico Probation Violations

probationIn New Mexico, defendants who have been accused of a probation violation enjoy far fewer due process rights than when originally accused of a crime. See State v. Guthrie decision.

Some of the differences:

  • No right to speedy hearing to set conditions of release
  • Limited right to confront his or her accusers
  • Hearing is before a judge, not a jury
  • “Reasonable certainty” standard of proof is much lower than “beyond a reasonable doubt” for those presumed innocent

The process is informal, and the level of proof lower, but the accused does have the right to a speedy preliminary and final hearing as to the alleged violation. Depending on the severity of the original crime, the seriousness of the alleged violation, and many other factors, your lawyer may be able to argue to reinstate the original terms of probation with very little additional penalty. Of course the worst case is that, in spite of your attorney’s best efforts, the Santa Fe judge finds a violation and decides to impose the remainder of the sentence from the original conviction.

probation, violation, revocation, lawyer, attorney, Santa Fe, New Mexico Oct 02, 2014