Legal Question in Criminal Law in Florida

Re: vop

I believe the correct answer to that question is that being arrested is a violation of probation. However, in order to have your probation violated, you must be found to have committed a wilful violation. Since most people aren't wilfully arrested, proof of the crime is generally required. However, even if you are acquitted of the crime at trial, or the charges are dropped, you can still be convicted of the violation after a hearing, because the burden of proof for a violation is less than that for the principal crime. Practically speaking, my experience is that where a person is acquitted of the new crime, generally the violation is dropped, unless there are other violations to consider. If this isn't clear, email me or call me and I'll try to clarify it.

Dan