Legal Question in Criminal Law in Florida

Re: I need to know...

Absolutely. The State can still proceed with the violation. The standard of proof is lower for a violation of probation and the vop is a totally separate case. Its up to the State Attorney to decide whether to proceed with the VOP however its still important for you to know that the state can proceed even though the new charge was dropped. If you would like for me to review the VOP affidavit and charging document please contact my office and I will be able to advise you further.

Re: I need to know...

The person can still be charged with the violation, just for getting arrested. Pls call me if I caqn help resolve your case.

Re: I need to know...

Since I have not researched this issue, I cannot give you a formal legal opinion. However, I can recall a prior case or two. I believe the State would take the position that you can still be violated even if the new case is dropped. The State will argue that your condition of probation states you must remain at liberty or something like that...meaning...don't get arrested.

I think it matters if the probation case was a misdemeanor or felony. And it matters what the new arrest was for. I say that because if the probation case was a felony, the stakes are much higher...more serious. If the prob case was a mm and the new arrest was a mm and was dropped, I do not believe the State nor the Court will be as upset and may disregard the violation. I have had a case like that where it was NOT a violation. If we can help, let me know. Tom Rosenblum.