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  1. #1
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    Sep 2016
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    Default What Happens to a Probation Violation if a New Charge is Dropped

    A man was arrested for trespassing charges while on probation in Ohio, and probation violation charges were also filed. The trespassing charge has since been dropped, but the man is still being detained on the probation violation. Will he be able to get the probation violation dropped as well?

  2. #2
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    Default Re: What Happens to a Probation Violation if a New Charge is Dropped

    If the reason that the trespassing charge was dropped is that the man is actually innocent of the charge, there is a decent chance that the probation violation charge will also be dropped. However, it is possible that there were other actions taken at or around the same time that could support probation violation proceedings, even if the sentencing court agrees that the alleged trespass did not occur.

    If the trespassing charge was dropped for any other reason, the probation violation charge may continue -- and a conviction of a probation violation requires less proof (preponderance of the evidence) than the conviction of an entirely new criminal offense (beyond a reasonable doubt).

    The man should consult a criminal defense lawyer with the details.

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