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    Default Will Dismissal of Charges Result in a Dismissal of a Violation of Probation

    My question involves criminal law for the state of: TN If original charges are dismissed that cause a VOP, will VOP be dismissed?

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    Default Re: Will Dismissal of Charges Result in a Dismissal of a Violation of Probation

    It is possible, but as the standard of proof is lower for a probation violation (probable cause) it is also possible that the probation violation proceedings will go forward even if the prosecutor concluded that the new charge could not be proved beyond a reasonable doubt.

    It is also possible for a probation violation to proceed on different grounds following dismissal. For example, while the person may have been determined not to have committed a new crime, in the context of that new charge investigation may reveal another probation violation (e.g., consumption of alcohol if prohibited; association with known felons).

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