Who will decide if I am guilty of violating parole or probation?
In New Mexico, if you are accused of violating your parole or probation, the decision of whether you are guilty or not will be made by a judge. The judge will review the facts of the violation, as well as any evidence presented by both sides. The judge may also allow the defendant to speak on their own behalf. Ultimately, the judge will decide whether the accused has violated the terms of their parole or probation. If the judge finds the accused guilty, they will issue a new sentence that could include additional jail time, fines, or other terms. However, if the judge finds the accused not guilty, they will be allowed to continue on their existing parole or probation terms. In either case, the ruling of the judge is binding and the decision cannot be appealed. It is important to keep in mind that a person accused of violating probation or parole has a right to an attorney. A criminal defense attorney can provide legal counsel and advice and represent the accused in court. This can increase the chances of a favorable outcome when the judge makes a decision.
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