Legal Question in Criminal Law in Florida

Re: Violation of Probation

To answer your first question, yes they could still proceed on your VOP even if the underlying basis for your violation was dropped (they could even proceed if you were found not guilty a trial). The reason for this is the level of evidence required to prove a VOP is less than a new charge (Preponderance of the Evidence in a VOP v. Beyond a reasonable doubt in a new case). As a matter of practice though if the underlying new law violation was dropped there is a good chance that they would not proceed on a VOP. I would suggest retaining a lawyer though, because I have seen the State proceed on a VOP even though the underlying new law charge was dropped.

Also, if you were able to get your probation terminated early you should, however if asked you must be truthful with your PO and a judge about any new issues that may have arisen.