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.

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Answered on 8/08/01, 6:40 pm


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