Legal Question in Criminal Law in Arizona

Im on probation, been very good for about 8 months no violations clean urine and everything, recently me and my fiance have had our ins and outs. We broke up she called the police on me and said I choked her and left her blacked out on the ground. Which did not happen. Now I got charged with aggravated assault and a violation of probation. The DA for the assault charge did not find a reason to file the charge, and there no longer is a case being filed about the charge. But im still being charged for probation violation. I have yet to go to court just yet. But what are the chances of me beating the violation charge because the initial reason for the violation was because she lied to get me arrested in the first place. Any advice would be greatly appreciated. Im a good person and I dont think this is something I deserve.


Asked on 2/05/13, 6:01 pm

1 Answer from Attorneys

A probation violation requires proof by a preponderance of the evidence, which basically means 51% of the evidence. If the evidence is one person's word against another's then it is a matter of which side has established the greater weight of the evidence.

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Answered on 2/07/13, 1:19 pm


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