Legal Question in Criminal Law in Wyoming
Probation revocation
Can a person be convicted of probation revocation if they have not been convicted of the crimes which caused the revocating of probation?
Asked on 8/08/01, 2:54 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Probation revocation
Yes. A finding of PV involves evidence that a violation was committed - it does not require conviction of the underlying offense. The standard is less - a preponderance of the evidence demonstrating the prohibited behavior, not beyond a reasonable doubt.
If, for example, it is shown that alcohol was consumed that is a violation. It is not necessary to show a conviction for DWI or a related alcohol offense.
Answered on 8/08/01, 6:40 pm
Related Questions & Answers
-
Statutory rape charges Can you be charged with statutory rape if you were lead to... Asked 1/11/01, 11:29 pm in United States Wyoming Criminal Law
-
Expungement What requirements must be met and what resources are available to seek... Asked 3/25/99, 12:22 pm in United States Wyoming Criminal Law