WhatsApp
FAQ 12: What happens if I get a new charge while on probation? What is preponderance of evidence?
Current Clarification — September 30, 2026
The original recording below describes detention and lack of bond too categorically. The written explanation here clarifies that detention, release, and revocation depend on the governing statute and the individual case; the recording has not been replaced.
What Actually Establishes a Probation Violation?
A civil traffic ticket is not automatically a criminal offense, a probation violation, or a mandatory jail stay. A new criminal offense, failure to report as ordered, or breach of a specific supervision condition raises different issues. Read the actual probation order and reporting instructions.
For revocation, the state generally must prove a willful and substantial violation by the greater weight of the evidence. An accusation or arrest alone does not conclusively establish the violation. Unless a valid admission or waiver resolves it, the defendant is entitled to the applicable notice and hearing protections, with counsel. The court evaluates the evidence and available disposition under section 948.06.
Detention can occur while an alleged violation is pending, but revocation and the maximum sentence are not automatic for every mistake. Depending on eligibility and the type of violation, the law provides alternative sanctions and procedures for qualifying low-risk or moderate-risk technical violations. New criminal offenses, specified violent-felony cases, and other statutory exclusions can be treated differently. Inability to pay and willful refusal to pay also require different analysis.
A New Charge and the Burden of Proof
A probation violation based on alleged new criminal conduct can proceed separately from the new prosecution. The new criminal charge must be proved beyond a reasonable doubt at trial; the violation generally uses the lower greater-weight or preponderance standard. This is commonly described as more likely than not, not a required mathematical confidence score.
Bond on the new case does not necessarily secure release on a separate probation-violation hold. Section 948.06 contains specific detention and release rules, including stricter provisions for some categories of offenders. Counsel should review the alleged violation, supervision status, applicable release provisions, and hearing options rather than assume everyone is categorically ineligible for release.
Contact Valiente Law to discuss the new charge and probation case together.