Legal Question in Criminal Law in Texas
my husband is on federal probation he was arrested over a family case if the charges get dropped will he serve jail time for being a violation for being arrested?? its his first violation
1 Answer from Attorneys
The question is not whether or not he is convicted of the new offense but whether there is sufficient evidence that he committed the new offense. What I mean by this is that the violation of probation was the commission of the offense of assault - a crime against the laws of the State of Texas. Even if the assault case is dismissed, the government could still prove that the offense of assault was committed, just not that the probationer was convicted of it. The burden of proof on a probation violation is significantly less than that required to convict someone of an offense so technically one could be found not guilty of assault (because the burden of proof is beyond a reasonable doubt and the evidence does not meet that burden) but still be revoked because the evidence is sufficient to meet the burden of proof of preponderance of the evidence of guilt.
Related Questions & Answers
-
On Dec 21st 2010 I was charged with a Theft of Service. This was filed wrong and... Asked 6/13/11, 6:33 pm in United States Texas Criminal Law
-
We recently had a car that had a pay box in it and they are trying to keep our car... Asked 6/13/11, 3:17 pm in United States Texas Criminal Law
-
I made bond on a felony theft by check case out of one county. Then went to state... Asked 6/13/11, 9:31 am in United States Texas Criminal Law
-
The other day wife and me got into a fight. She was very mad at me. I was trying to... Asked 6/12/11, 4:44 pm in United States Texas Criminal Law