Legal Question in Criminal Law in Arizona

Unjustifiable Probation Violation

While being detained and qustioned by Border Patrol on Transporting Immigrant and after leaving a mess. for my P.O. to callback, stating basic who, what where, when, why. As I was being released by B.P. my P.O. had warrent issued for Probation Violation because ''Did not obey all laws'' Defendent was arrested by Border Patrol for smuggling aliens. I was never arrested nor did I pick up any new charges nor did PO ever call back to find out full details before jumping the gun and issuing warrent. I have good repore while on probation


Asked on 10/17/04, 8:29 am

1 Answer from Attorneys
Mark Lazell Mark Lazell P.C.

Re: Unjustifiable Probation Violation

The government's burden in a probation revocation proceeding is a preponderance of the evidence (51%). Based upon your facts it appears as if the government does not have a case to violate your probation. Two issues you may want to be concerned about are (1) alien smuggling is a federal offense and (2) you may have had a probation condition that did not allow you to leave Arizona without permission.

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Answered on 10/17/04, 1:51 pm


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