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Do you have to be found guilty of new charges before your probation is revoked?
Wiki User
∙ 12y ago
No, your probation is for a past offense and can be revoked at any point by your probation officer.
ANSWER
No you do not need to be found guilty of new charges. Any violation of the conditions of probation can result in revocation. Probation officers do not revoke probation only a judge can order probation revoked.
Wiki User
∙ 12y ago
Wiki User
∙ 12y agoYes. The standard of proof for finding that you violated conditions of probation is a lower standard (preponderance of the evidence) than the standard for convicting you of a criminal offense (beyond reasonable doubt).
So, even if you are acquitted of the new offense, if the court finds that you more likely than not violated a criminal statute, then your probation may be revoked.
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How long can they keep you in detention centers if you have no charges and you only had a probation violation?
Probation is a sentence for being found guilty of a crime. So - therefore - you WERE found guilty of something. You are being held because you violated your sentence of probation which caused it to be revoked and converted to a jail term. You can remain in detention until the term of your sentence is completed.
Do you always go to jail if your probation is revoked?
It depends on the crime and the motivation. Pleading guilty does not mean a custodial sentence. There may be a fine, community service, mental evaluation, or just a plain old warning not to do it again.
Can you get a probation violation and your bond revoked at the same time?
No. A sentence of probation means that you have already been tried and found guilty of an offense. If you violate your sentence (probation) you do not get a second bite at the apple with all the constitutional guarantees.
If he pleaded guilty on a plea bargain and later has probation revoked can this person change his plea to not guilty after probation has been revoked?
Anything is possible if he can find an attorney who will take his case to Appeals Court. But usually - no - you can't He has already been sentenced for that crime and begun serving his penalty. Probation WAS his sentence/penalty. After you plead AND begin your sentence you can't go back later and decide you didn't like the sentence you got.
How much jail time could you get in Florida for violation of felony probation for DUI?
You will probably have your probation revoked and have to serve the remainder of that sentence behind bars PLUS whatever jail time will be added if you are found guilty of the DUI offense.
What happens if you violate felony probation with another felony in the state of MI?
It's almost 100% probable that your first probation will be revoked and you will be returned to incarceration for the remainder of your original sentence - AND - in addition, you will be charged and tried for the felony you committed while out on probation and if found guilty, you will have THAT sentence to serve in addition to your original one.
What will happen if you got in trouble before you got on probation but had to do for days in jail on your probation?
If you got into criminal trouble before you were on probation. You would be in jail and not on probation. Probation is for if you are not in jail. They can't happen at the same time.Unless, you are picked up while on probation, but that would be a violation of your probation which we would be very quickly revoked.Added: The question is worded very unclearly. Probation is a sentence for being found guilty of a criminal offense for which you were charged and brought to court.It is a very lenient sentence, but it IS a sentence nonetheless.If you violate the provisions of your probation you can be taken into custody for VOP and the judge will make a decision as to whether or not you will be punished for the VOP and, if so, in what fashion.If you re-offend (commit another offense while released on probation) you will have your probation revoked AND you will be charged with the new crime.
What happens to your license if you are found guilty of department records show racing on the highway?
it will be revoked
What does CWOAF mean?
Actually should be CWOF orA continuance without a finding, or CWOF, is exactly what the words mean. If you work out a deal to receive a CWOF, you are admitting that the prosecution does have enough evidence against you for a reasonable jury to find you guilty of the charged offense. Instead of fighting the case you are agreeing to be placed on probation and the court will continue your case for a certain period of time (usually one year) WITHOUT A GUILTY FINDING, so long as you adhere to your conditions of probation. However, if you fail to adhere to your conditions of probation or are charged with any new offenses before the case is dismissed, your case may come back in front of a judge, your CWOF may be revoked, and a GUILTY finding may enter, along with additional penalties, including jail. If you are able to successfully complete your term of probation without any problems, your case will be dismissed.While the specific conditions of Probation will depend on the nature and severity of the charges, some common Massachusetts Conditions of Probation may include, among others:No new criminal charges during the time you are on probationReporting to probation as required (depending on the level of your probation supervision, this may be done by mail in some cases)Paying all court ordered fines, fees, and restitution to any victimsCompleting any and all mandatory classes (For example, alcohol education classes if on probation for OUI, or possibly anger management classes if on probation for a violent offense, or drug counseling/treatment if on probation for a drug crime)Maintaining employment or enrollment in schoolAdhering to travel & curfew restrictionsDrug & alcohol testingCommunity service
how can i get my charges expunged if all of them I was found guilty?
how can i get my charges expunged if all of them I was found guilty
What is the legal term when someone is released after being found innocent?
If your charges were DISMISSED before you went to trial, then your charges were simply dismissed. However if you went to trial, there is no such finding as "innocent," the only verdicts are 'guilty' and 'not guilty.'
If your spouse has pled guilty to assault with a deadly weapon and is given 5 years conditional probation pursuant to no contact with you the victim can you do anything other than wait out the time?
Talk with a lawyer. * No, a no contact order has been already issued. If he violates the order he will be arrested, his probation revoked and he will have to serve the sentence that was imposed. get counseling.
