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The Greene County Attorney continues to try different strategies when prosecuting criminal cases.
County Attorney Thomas Laehn says some criminals receive probation after they were convicted of a charge. Laehn points out there are several ways a criminal can violate the conditions of their probation. Some of the ways include missing a meeting with a probation officer, not showing up for work or committing a new crime. When someone that is on probation commits a new crime and violates their probation, Laehn takes advantage of that.
Laehn tells Raccoon Valley Radio that all other county attorneys wait until the criminal is convicted of the new crime before prosecuting the probation revocation. He says it’s a good strategy because the county attorney has shown the criminal has violated their probation because they were just convicted of the new crime. However, Laehn explains why he seeks to prosecute the probation revocation before the new crime.
“I only have to prove that (probation revocation) by a preponderance of the evidence, which just means I have to prove it’s more likely than not that the person violated the conditions of their probation. Whereas to prove a new criminal offense, I have to prove that beyond a reasonable doubt. It’s a much higher threshold of proof.”
Laehn can also use hearsay in a probation revocation hearing, which is not allowed in a criminal trial. He says he has seen great success with this strategy and it catches defense attorneys off guard.
“It’s a way of showing criminal defendants and criminal defense attorneys that we’re being very aggressive here in Greene County.”
Laehn says more times than not, a judge has agreed to impose the original prison sentence after he’s proven the individual has violated the condition of the probation.