Q: Can a probation officer ask for jail time on a misdemeanor charge while on felony probation if the charges for the
Misdemeanor haven't been delt with
A: Probation comes with a variety of conditions and these conditions can vary from person to person. However, a prohibition against committing a new criminal offense is usually a standard condition of probation. If it is proven that a person violated the terms of probation, this can open them up to additional sentencing for the charge they were on probation for, which could include additional jail time. The standard of proof at a a probation revocation hearing is not the same as trial - which requires beyond a reasonable doubt - as violations of probation must be proven by a preponderance of the evidence, a standard of proof which means the violation was more likely true than not. It is best that the probationer consult with an attorney.
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