Will a Dismissed Criminal Charge Be a Probation Violation

[jasonbs]

My question involves criminal law for the state of: Georgia

I received a DUI in June 2011 in Savannah and it was reduced to a reckless driving. I completed everything the court required and was placed on a 1 year probation. I moved to Texas shortly thereafter and the move was understood by the court and by the PO. No issue was made with my move. This past weekend (Feb 2012) I was arrested for trespassing on the sidewalk in downtown Austin. The charge will be dropped, guaranteed. The issue I have is what will the PO in Georgia say about the new arrest even though I will not be convicted? What's the likelihood of them revoking my probation when I have 4 months to go?

Thanks.

[viol8te]

You said it was understood. But was it approved by an Interstate Compact or reportiing by mail instructions? If not the department is going to cover their collective assess and you will be violated not only for the arrest but also for absconding. If you do have those bases covered, the only thing that you have to worry about is if the subsequent charge actually will be dropped.

[jasonbs]

Georgia understood I was leaving because I was stationed in the military there and got out of the military and returned home to Texas where I'm from. They couldn't do anything about that so the state agreed to let me go and asked that I report by mail. The new charge will be dropped because Texas has a veterans court that drops charges and just requires counseling. It's a program they offer Vets with PTSD. So, if those bases are covered, what's the likelyhood that Georgia will revoke my probation based off of just the arrest?

[viol8te]

On the surface, yes. However, never make an agreement like that unless you have it in writing. If the GA courts have issues with the probation dept deciding on you leaving out with out the required steps being taken, GA is hanging you out to dry. If GA sticks to the story that you were allowed to report by mail, you're fine. If they deny it, you'll have some problems.

[PTPD22]

The new charge will be dropped because Texas has a veterans court that drops charges and just requires counseling.

I am not familiar with the program you are referring to. However, I wouldn't be so quick to assume that such an outcome qualifies as the charge being "dropped." This sounds to me more like a diversion program or a deferred prosecution...either of which is still likely to be viewed as a conviction by the GA probation agency. Charges being "dropped" means the prosecutor declines to pursue the charge and it is dismissed in court with no penalty or conditions. Since you say that counseling is required in the program you refer to, that sounds like there are penalties and/or conditions...which can only be imposed upon conviction. The program may well allow for the charge to be dismissed and expunged from your record upon completion of the court ordered conditions. But, such conditions cannot be imposed unless there is some form of conviction...and that conviction is likely all that the probation agency will be interested in.

[viol8te]

I am not familiar with the program you are referring to. However, I wouldn't be so quick to assume that such an outcome qualifies as the charge being "dropped." This sounds to me more like a diversion program or a deferred prosecution...either of which is still likely to be viewed as a conviction by the GA probation agency. Charges being "dropped" means the prosecutor declines to pursue the charge and it is dismissed in court with no penalty or conditions. Since you say that counseling is required in the program you refer to, that sounds like there are penalties and/or conditions...which can only be imposed upon conviction. The program may well allow for the charge to be dismissed and expunged from your record upon completion of the court ordered conditions. But, such conditions cannot be imposed unless there is some form of conviction...and that conviction is likely all that the probation agency will be interested in.

Good point! And if you receive anything that requires a guilty plea, you violate prbation. Supervision, defferes sentence...whatever. If there is implied guilt, you're violated.

[jasonbs]

copied from the court website:

On Oct. 1, 2010, the Travis County Veterans Court began accepting applications from Veterans interested in alternative adjudication for misdemeanor, non-violent offenses. Admission into the Veterans Court program enables the Veteran to receive needed treatment from the Department of Veterans Affairs (VA) and County Health and Human Services with support from Texas Veterans Commission Claims and Employment Services. Upon successful completion of the program, the Veteran’s criminal case will be dismissed.

Alternative adjudication in not a conviction. That being said, the Veteran's court is plan "B". Plan "A" is to spell out the fact that I was in a public setting, which was the sidewalk, and trespassing should not apply when I made the statement I was leaving but just waiting for a cab and standing in the pouring rain out in the open was not an option. Either way, I'm not concerned about the charge being dropped and the report that was generated by the police was certainly written in my favor. For a PO to state that I violated the probation and revoke it when: 1. I'm halfway across America, 2. I've completed all probation requirements, 3. there will be 3 months remaining on the probation when they receive the mail-in statement, 4. the probation was a misdemeanor charge and so is the new charge, and 5. by time this new charge goes to court, my probation will be completed and to say I violated probation based off of just an arrest and not a conviction doesn't follow the United States legal system of stating that you are innocent until proven guilty.

So, based off of those facts, I feel confident that the Savannah PO office, which is a private probation service hired by the court, will not find me in violation. I'm just trying to get some opinions based off of those facts listed above. Are your opinions still the same based of what I have said as of now? Thanks.

[PTPD22]

Upon successful completion of the program, the Veteran’s criminal case will be dismissed.

The important part of that for your situation is “upon successful completion.” The way that works is FIRST you plead guilty (as part of a plea deal offer for the program), then you complete the program, and LAST your charges are dismissed. But, in the meantime, it remains a guilty plea conviction. In my opinion, the probation agency could very well consider that a violation.

But, if you are not worried about it, neither will we.