Results 1 to 3 of 3
  1. #1
    Join Date
    Jul 2012
    Location
    Georgia
    Posts
    2

    Default Felony Probation, Grounds for Appeal

    My question involves criminal law for the state of: Georgia

    My boyfriend was sentenced at age 17 for criminal damage to property (felony, damage exceeding $500. ). He received 1st offender, and was placed on probation.

    He was living with relatives, and a family member called the police saying he was in possession of marijuana, which is a violation of course. Although he never admitted guilt, he was coerced into accepting a 5 do 1 deal. The drug charge was dismissed for lack of evidence, the violation still stood though.

    What I am wondering is, if the marijuana charge was dropped, shouldn't that mean he didn't violate? Is it possible for him to get this fixed? If the violation wasn't there, he wouldn't be a "convicted felon" today.
    He had a deal that his record would be wiped clean if he didn't violate the probation.

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,042

    Default Re: Felony Probation, Grounds for Appeal

    Nope. The burden of proof for a V.O.P is not the same as to what;s needed for a criminal conviction. The circumstances leading up to the arrest can be enough. Any conditions that weren't being adhered to can violate. failure to report, pay fees...etc...

  3. #3
    Join Date
    Jul 2012
    Location
    Georgia
    Posts
    2

    Default Re: Felony Probation, Grounds for Appeal

    I see. His probation ends this year, he's never been trouble, his PO is great. It's unfortunate, how that all went down.

    1. Sponsored Links
       

Similar Threads

  1. Probation and Parole: Appeal and Probation
    By dsjk2010 in forum Probation, Parole and Incarceration
    Replies: 4
    Last Post: 11-20-2011, 07:53 PM
  2. Appeals: Is the Judge's Statement Against Trials De Novo Grounds for Appeal
    By HonkingAntelope in forum Traffic Court
    Replies: 6
    Last Post: 04-09-2009, 04:46 PM
  3. Appeals: Adulterated Video Evidence - Is It Grounds for an Appeal
    By IanCar in forum Civil Procedure
    Replies: 1
    Last Post: 02-10-2009, 06:46 AM
  4. Probation and Parole: What Happens During and After Felony Probation
    By TexasGirl831 in forum Probation, Parole and Incarceration
    Replies: 17
    Last Post: 11-14-2006, 08:23 AM
  5. Probation and Parole: Felony Probation to Unsupervised probation
    By phelix in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 11-04-2005, 08:36 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document