Criminal Law

Can You Appeal Being Found Guilty of Violating Probation?

By Janet Portman, Attorney
Appeals of probation revocation are often tough to win.

Following a hearing and a decision by a court to revoke probation, the probationer may appeal. Most of the time, such appeals are not successful, because the standard of proof required to support a revocation is less rigorous than the normal “beyond a reasonable doubt” standard. One notable exception, however, involves the probationer whose revocation is based on an alleged subsequent criminal act, for which he is later found not guilty. In some states, if probation is revoked and later the probationer is tried for the act but found not guilty, the revocation cannot stand and an appeal of the revocation would be successful.

Go to Sentencing, Parole, and Probation FAQ.

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