My Fiance is on probation for sells (marijuana) and vandalism (car). He's suppose to be off November 2012. He's been complying with his probation/p.o. He got picked up for domestic violence. I'm not pressing charges cause it was suppose to be a disorderly conduct. I was told its domestic violence cause there was physical evidence (bruised lip) but I was told the D.A can still press charges, so what are the chances of him getting charges drop with the D.A and will his P.O violate him if charges are dropped.
It will depend on numerous factors that will be in the probation report. Whatever their recommendation is then that will be the court's inclination.
This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.
I am not sure what you mean when you state it was supposed to be a disorderly conduct. The D.A.'s office will file charges if they find there is sufficient evidence to prosecute your fiancee, regardless of whether you want to file charges or not. If they do file charges, he will face domestic violence charges as well as a probation violation.
Just because he is charged does not necessarily mean he has to plead guilty. That is why he needs to consult with an attorney who will evaluate his case and give him guidance as to what to do and what to expect. His attorney will be able to examine all the evidence and negotiate the best possible deal for him. If the domestic violence charges are dismissed, that does not necessarily mean the probation violation will go away, because there is a different burden of proof of probation violations. In any case, more facts are needed in order to give a more thorough answer. He needs to talk to an attorney before going to court.
It is very possible that they will violate him and charge him with new offense conduct.
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