My new charges were simple battery and dismissed will my Probation be revoked

Asked about 2 years ago - Hephzibah, GA

This is my first vilation and the warrent was dismissed 3 days later I have 5 years on fellony Probation I have been to prison twice

Attorney answers (2)

  1. Joe Perkins Jr.

    Contributor Level 8

    1

    Lawyer agrees

    Answered . An arrest, in and of itself, is sufficient to trigger a violation of probation. However, your probation officer must approach the judge with a warrant to trigger this event. Contact your probation officer immediately and advise the Proby your charges have been dismissed. If a warrant has already been signed, you have the right to a revocation hearing to present evidence, including a certified copy of the Order dismissing your new charges. Seek the advise of an attorney! Even though your new charges have been dismissed, if violated, the Judge could revoke the remaining balance of your probation and put you in jail!

    This posting is designed for general information only. The information presented at this site should not be... more
  2. Daniel Ellis Rice

    Contributor Level 18

    Answered . First, I advise that you speak with a criminal defense attorney as soon as possible.

    Notwithstanding, you can be revoked on probation even if the underlying charges are dismissed.

    However, esp. if you believe that you have a good defense to the underlying charges, you may need to raise that at the probation revocation hearing; you may still lose, but if the facts are good enough in your favor, you may have some bargaining power re: possible sentence revocation.

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