Legal Question in Criminal Law in Florida
If they violate me while on probation because a reckless driving ticket and on court date the reckless driving is dismiss base on what I violated the probation cause I am innocent until the proof I am guilty of reckless driving and the police officer that gave a ticket will not go to court
2 Answers from Attorneys
You could have the reckless driving charge dismissed and still violate your probation. It is a different burden of proof.
Your probation is violated simply for the new law offense of reckless driving, a second degree misdemeanor. Of course, it is not unusual that when a new law offense is dropped then the VOP is usually dismissed as well. However, the State is not necessarily obligated to dismiss the VOP just because the reckless driving case was dropped.
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