---
title: "What is the burden of proof at a probation violation hearing?"
description: "The burden of proof at a Rhode Island probation violation hearing is lower than at a criminal trial. For a technical violation (breaking a probation rule without a new offense), the prosecution must..."
url: https://duiattorneyrhodeisland.com/faq-items/what-is-the-burden-of-proof-at-a-probation-violation-hearing/
date: 2026-05-23
modified: 2026-05-23
author: "Criminal Defense Attorney Rory Munns"
type: faq
lang: en
---

# What is the burden of proof at a probation violation hearing?

The burden of proof at a Rhode Island probation violation hearing is lower than at a criminal trial. For a technical violation (breaking a probation rule without a new offense), the prosecution must prove the violation by a preponderance of the evidence, meaning more likely than not. For a substantive violation (a new criminal charge while on probation), the prosecution must show probable cause that you committed the new offense. Neither standard is as demanding as the beyond-a-reasonable-doubt standard required for a criminal conviction. This is why violation hearings can result in revocation even when the underlying new criminal charge has not yet been adjudicated.