Can they violate my probation just by getting a new charge I have not entered a plea yet

Asked 12 months ago - Evans, GA

I am on felony probation and just caught a new charge and haven't went to court yet can they violate me?

Attorney answers (7)

  1. Noah Howard Pines

    Pro

    Contributor Level 18

    6

    Lawyers agree

    Answered . Yes it is possible if the State can prove by a preponderance of the evidence that you committed the new crime.

  2. Phillip Darrell Kimbrell

    Contributor Level 15

    5

    Lawyers agree

    Answered . Yes..... One of your conditions of probation is not to violate the laws of any governmental unit and by getting arrested or cited it has been alleged that you violated some law & theoretically that can be enough to violate your probation. You need to hire an attorney as soon as possible

    P Darrell Kimbrell

    The information is provided for general purposes only and should not be relied upon. You are advised to consult... more
  3. Jesse Cole Kent

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . Absolutely. That's the whole reason probation and first offender exist - to persuade you to stay out of trouble and change the people you hang out with.

  4. Ian Zimmerman

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . Yes, Yes, Yes. They can and most likely will do so. You should contact a local defense attorney as soon as possible in order to try and moderate your pending hearings. I have won felony probation revocation hearings for people convicted of murder so I know it can be done. It is just an uphill battle. In my case, there was also serious question as to the ethics of the officer involved which I was able to bring in.

  5. John Arnold Steakley

    Contributor Level 18

    3

    Lawyers agree

    Answered . Absolutely. In fact, even if you go to trial and are found NOT GUILTY of the new charge, they can still violate you for the old one. I've seen it happen. The judge said that even though the jury found him not guilty beyond a reasonable doubt, the judge thought there was a preponderance of the evidence that he violated probation, so the guy went to prison anyway.

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  6. Darrell Brinnett Reynolds Sr.

    Contributor Level 16

    2

    Lawyers agree

    Answered . The short answer is yes.

    Darrell B. Reynolds,
    Attorney and Counselor at Law
    2385 Lawrenceville Highway, Ste D
    Decatur, Ga. 30033
    404-636-6616

  7. Anthony Michael Solis

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . They can violate you just for the conduct, they don't need a conviction.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more

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