Chris Brown Admits Probation Violation

Chris Brown admitted to violating his probation and was sentenced to remain on probation and serve one year of jail.  Brown received credit for previous time served, good time in jail and time spent in rehab.  Brown will serve an additional 131 days in jail.  His defense attorney says he will also have to complete the 1000 hours of community service when he is released from jail.

Brown was on probation for a felony assault.  He assaulted his then girlfriend Rhianna.  While on probation, he assaulted a man outside a hotel in Washington D.C.   Brown was charged with misdemeanor assault in that case.  Brown was arrested on the probation violation when he was dismissed from a court ordered rehab program.

There are standard terms and conditions of probation, such as prohibiting probationers from committing new crimes while on probation.  Then, there are terms and conditions that are specific to the probationer, such as court ordered drug and alcohol treatment.  Hearings to determine whether a person has violated probation are held before a judge, not a jury.  A new law violation, must be proven beyond a reasonable doubt, while a technical violation, such as failing to complete treatment, need only be proven by a preponderance of the evidence.

If a judge decides that a person has violated probation, then the judge will revoke probation.  When probation is revoked, the judge can simply reinstate probation to give the probationer another chance on probation.  The judge could reinstate probation with additional conditions, such as jail time or community service hours.  The judge could also revoke probation and not reinstate probation, but rather impose a straight jail or prison sentence.