You have a right to have a probation revocation hearing. Talk to your lawyer and they will help you fight the violation.
The most important term of probation is to "violate no laws". This could mean different things. Some judges and P.O.'s take the view that if you are arrested you violated a law. Others will look at the situation and make a determination on the facts.
The fact that the D.A. did not file a charge is helpful in fighting the violation. But the belief that the D.A. had no case is not necessarily true. The D.A. just might not have had enough evidence on hand to bring charges, or they could be waiting to bring charges.
Another term of probation is to report all contacts with police to your P.O. If you did not report this could also be a violation.
Unfortunately, there are many ways that a P.O. could violate you. You should contact your attorney and have them go through the probation report and the facts that your P.O. is using as a basis for violation.
Ultimately violations can be fought, I have fought many successfully. But you should contact an attorney immediately to determine what you need to do to fight this.
Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
You can contest a probation violation and you are entitled to a probation revocation hearing, but it is not the same as a trial. With probation violations, you don't have a right to a jury trial, so you a judge decides if you violated or not. More importantly, the prosecutor does not have to prove that you violated probation beyond a reasonable doubt. They only have to prove it by a much lower legal standard called preponderance of the evidence. So, it's harder to beat a probation violation. Still, it happens all the time. I just beat one this week. You definitely need a lawyer and you should be talking to your lawyer about this. Feel free to contact me if you are looking to hire a lawyer. Good luck to you.
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