A criminal defendant is not entitled to a jury trial if charged with these types of violations. Parole violations are decided by a parole hearing officer, who can consider hearsay evidence and just about anything else he wants. Parolees have hardly any rights, so unless the parolee is factually innocent, and can prove it, it is likely he will be violated. Probation violations are also heard by a judge, not a jury, and again the defendant has few rights, not even illegal search and seizure if the violation is based on evidence seized.
Usually the person violated needs to be presenting mitigating evidence in order to lessen or avoid punishment. This is where a lawyer is most important, creatively figuring a method to generate mercy and/or compassion in the judge to avoid a harsh punishment. It also helps if the lawyer has a good relationship with the judge.
If you are in trouble with the law, contact criminal attorney Alan Fenster immediately! Call our Beverly Hills office at (310) 273-3661 to schedule a free initial consultation.
Alan Fenster represents clients in Los Angeles, Beverly Hills, Santa Monica, Culver City, South Bay, Glendale, Pasadena, the San Fernando Valley, and elsewhere in California as needed.