Legal Question in Criminal Law in Illinois

Re: preponderence of evidence

Unlike an original criminal case, where the charges have to be proven "beyond a reasonable doubt", in a probation violation hearing the standard is much lower. "Preponderance of the evidence" means that it is more likely than not that the violation of probation took place. In simpler terms, if the finder of fact (in a violation hearing that is always a judge, never a jury) believes that there is a 51% chance that a violation occurred, then there will be a finding of violation.