I am on felony probation and just caught a new charge and haven't went to court yet can they violate me?
Car / Auto Accident Lawyer
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.
DUI / DWI Attorney
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
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5 lawyers agree
Criminal Defense Attorney
They can violate you just for the conduct, they don't need a conviction.
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Criminal Defense Attorney
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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3 lawyers agree