Legal Question in Criminal Law in California

New Charged dropped/Violated Probation

My husband was arrested at Home Depot, and charged with Theft/Petty Theft w/ Prior, all while on probation. His arriagnment was suppose to be today, but a police officer posted a new list outside the courtroom before court started, saying to go home if your name was on that list. My husband's name was on the list, and on top of the list it read :DA didn't press charges, those particular cases were dropped, and they will not be seen in court. Thinking they were gonna release him, an attorney told me to confirm with the DA's office if they were going to do that. The DA then told me, that they dropped those charges, but they're violating his probation. I'm confused, if they're dropping the new charges filed against him, how exactly is that violating probation? And if the new charge was Petty Theft w/prior that was being dropped, how can that new charge affect his PRIOR charges, if they dropped that charge? It wouldn't have anything to do with his prior record then right? Nor would he be in violation of his probation right? He was set to a new court date and that would be for the DA PETN TO REVOKE.Revoke what?


Asked on 7/21/09, 2:04 am

4 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: New Charged dropped/Violated Probation

It is not necessary to commit a crime, let alone to be convicted of one, in order to violate the terms of probation. Even if the act that allegedly violated those terms was a crime in its own right, a court can find that your husband violated his probation terms regardless of whether he is tried or convicted of the crime.

Note that a probation violation need only be proved by a preponderance of the evidence while a criminal charge requires proof beyond a reasonable doubt; this means your husband could be found in violation of his probation terms even if he were *acquitted* of the new charges.

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Answered on 7/21/09, 2:24 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: New Charged dropped/Violated Probation

Your husband, a convicted thief, was on probation, and presumably one of the terms of his probation was to not violate the law. While he is still presumed innocent of the present allegation that he stole from Home Depot, it will be easier for the DA to hang a probation violation on him than to prosecute him on a new charge. He will not be entitled, for example, to a jury trial on whether he violated his probation. This could work in his favor, since petty theft with a prior is a felony for which he could be sent to state prison and, as far as I know from reading your question, he's not facing that outcome if he is found to have violated the terms of his probation.

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Answered on 7/21/09, 2:23 am
David M. Wallin Law Offices OF David M. Wallin

Re: New Charged dropped/Violated Probation

It takes less evidence and the standard of proof is much less for a probation violation than for a new charge. You should contact an attorney immediately in or near your area. We have handled 100's of probation violations and your husband could do whatever time remains on his caes that is in probation status. David Wallin

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Answered on 7/21/09, 3:34 am
Terry A. Nelson Nelson & Lawless

Re: New Charged dropped/Violated Probation

He faces probation violation and revocation, i.e. return to jail on the original sentence. Speculating about why they are doing it is not productive. He has a basis for defense if used correctly, with the new charge dismissed [however, they could refile anytime]. If this is in SoCal, and he's serious about getting legal counsel to defend, feel free to contact me.

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Answered on 7/21/09, 1:01 pm


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