Legal Question in Criminal Law in Georgia

probation revocation

if one was falsly accused of something and arrested while on probation and the charges were dismissed due to false information would one still be in violatio of probation and what would happen?


Asked on 3/08/05, 7:40 pm

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: probation revocation

If the accusation is totally false, and that information becomes known to the prosecutor, I expect the revocation proceeding would be withdrawn.

If the charges are dismissed for some technical reason, it does not follow that the revocation will be withdrawn. The reason has to do with the different standards of proof in the two proceedings.

If you would like to discuss this further, and give me more information, I can likely give you a better answer.

Jim Hough

770-607-5300

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Answered on 3/09/05, 10:09 am


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