---
title: "What is the burden of proof for a probation violation in Rhode Island?"
description: "The burden of proof at a Rhode Island probation violation hearing is significantly lower than at a criminal trial. For a technical violation (breaking a probation rule without a new offense), the..."
url: https://www.chadbanklaw.com/faq-items/what-is-the-burden-of-proof-for-a-probation-violation-in-rhode-island/
date: 2026-05-24
modified: 2026-05-24
author: "The Law Office of Chad F Bank"
type: avada_faq
lang: en
---

# What is the burden of proof for a probation violation in Rhode Island?

The burden of proof at a Rhode Island probation violation hearing is significantly 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 (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 criminal conviction. This is why violation hearings can result in revocation even when the underlying new criminal charge has not yet been adjudicated.