Legal Question in Criminal Law in California

Re: violatin of probation

Thank you for your posting.

The true answer to your question depends on the reason for your violation of probation. If it was just merely you getting another new crime, then having that case dismissed would cause your probation violation to be dismissed, yes. If the violation of probation is based upon you not complying with any of the other terms of your probation, such as classes, fees or fines, then having the case dismissed will not make the probation violation go away.

I hope this helps, but if you have other questions, need more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am always happy to help in any way that I can.

Re: violatin of probation

Not just as a result of having been charged with the crime. However, if there are certain findings of fact that amount to probation violations, such as being in certain places or around certain people, you could have a problem. If you are being criminally prosecuted, you should have a criminal defense attorney. If you do not have one, you need to hire one and ask him/her that question.

Re: violatin of probation

Yes.

Although your question as phrased actually asks if there are grounds to find you in violation, of course, we attorneys do not know whether such grounds exist. But if your question is really whether you could be found in violation of probation for the same conduct for which you may be acquitted, the answer to that is a definite YES. The reason is that the standard of proof necessary to find you guilty of the new case is very high-- Beyond a Reasonable Doubt. An acquittal does not mean a finding of innocence. It simply means the prosecution did not prove it's case BRD in the minds of ALL 12 jurors. But to find you in violation of probation, all that has to happen is that a judge feels it's more likely than not that you violated in some way.