my husband is on probation for 2 years and he got arrested for crimnal mischeif and tresspassing is that a violaion of probation

A standard condition of probation is not being arrested again. It doe not require a conviction, there mere fact of the arrest can be used as a basis to violate him. Another standard condition of probation is that the arrest must be reported to the probation officer. He needs to talk to his PO, and if a VOP is being filed, he needs to discuss the situation with an experienced criminal defense lawyer licensed in the State where the probation is being supervised. Good luck.

DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

As Mr. Bailey points out, the mere act of getting arrested, even if all the charges are later dropped, is enough to violate your husband's probation. He will most likely get a motion to revoke (which is usually a new warrant, though he may be able to do a walk through with a bondsman or attorney) and he will have to come to court and convince the judge that he should not be revoked. However, it sounds like the criminal mischief charge is still active and that he may still have to deal with that. Depending on the amount of damage, a CM can range from a Class B misdemeanor to a felony.

Your husband should think about hiring a lawyer as soon as possible to see if he can avoid going back to jail.

Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

It is a violation of probation to pick up a new law violation while on probation. Criminal mischief and criminal trespass are new law violations. If the trespass case was dismissed this will help him. However, if the criminal mischief case is still pending then a motion to revoke the probation may be filed by the court. I suggest you retain a criminal defense attorney as soon as possible.


Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.