Atlanta, GA asked in Criminal Law for Georgia

Q: At a Probation Revocation my probation has been revoked due to hearsay 3 witness give statements to law enforcement

But come to court and denied making and contact with law enforcement or even giving a statement

Related Topics:
1 Lawyer Answer
Glenn T. Stern
PREMIUM
Glenn T. Stern pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: The credibility of a witness in a probation revocation is up to the judge, and he/she is free to decide which of the statements is the more believable. He/she can believe some, all, or none of any given statement and decide on a witness's credibility.

That the burden of proof in a probation revocation is much lower than in the original criminal case. With probation, you've already been convicted, and the court has given you the privilege of not going to jail for the full sentence. As you can see--it doesn't take much for the court to decide you've violated the probation terms and lock you back up, so it's extra important to walk the straight and narrow while under court supervision.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.