My question involves criminal law for the state of: New York
My husband was arrested for stealing an xbox 360 and he is on parole. if the charges were dropped would he still be charged with a violation of probation or no?
My question involves criminal law for the state of: New York
My husband was arrested for stealing an xbox 360 and he is on parole. if the charges were dropped would he still be charged with a violation of probation or no?
He would still most likely be charged with the VOP most. However, the state does have the discretion to reinstate his probation as well.
Whats the difference between violating probation and getting a new charge while on "ACD" (Adjournment in Contemplation of Dismissal)?
A new charge will violate the probation - which usually has the "do no more crimes" provision.
This means that you will get charged and, if found guilty, sentenced by the court for the new crime and then your probation on the original charge will be revoked and you will be subject to the original sentencing possible... usually prorated.