Legal Question in Criminal Law in Florida

VOP charge

Can someone violate probation on a charge that was dropped?

Asked on 4/22/08, 10:34 pm

3 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: VOP charge

It's legally permissible since one charge is legally independent of the other, but I don't think I've ever seen it happen.

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Answered on 4/22/08, 11:00 pm

Valerie Masters Valerie Masters, P.A.

Re: VOP charge

Yes they can. The reason is complicated to explain here. A lawyer should be able to get you a good resolution with a dropped case.

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Answered on 4/23/08, 11:13 am
Richard Hornsby Richard E. Hornsby, P.A.

Re: VOP charge

The short answer is yes, a violation of probation can be based upon new law conduct that was subsequently dropped.

However, unless the new law charge was serious or it was dropped due to unusual circumstances (witness was late, cop didn't show); it is unlikely that the State would proceed forward on the allegations based on the dropped charge.

If they did want to proceed they would call the same witnesses and only need to prove to teh judge that teh new law crime occurred by a preponderance of the evidence.

Consequently it is very important you get an attorney to make sure to beat your VOP so you don't get violated due to bad representation/defense.

Please feel free to call me if you are in the Central Florida area.

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Answered on 4/23/08, 11:27 am

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