If someone on probation is arrested for another offense but the charges are later dropped, can their probation be revoked?

UPDATED: Jan 29, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 29, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If someone on probation is arrested for another offense but the charges are later dropped, can their probation be revoked?

Petition to revoke probation. My boyfriend was on house arrest for unregistered firearm and bullets in chamber. He recently got arrested for battery/domestic violence all charges were dropped but DA has filed a petition to revoke his probation. How can I help him so this won’t happen? I want to explain to the judge that right now I really need him around; I’m pregnant with his child and due in a month. He is the only one with income right now and if he stays arrested he will lose his job. What can I do?

Asked on January 29, 2011 under Criminal Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can certainly talk to his counsel to be brought up as a witness but understand then you become fair game for the prosecutor to cross-examine you and it can get ugly.  Just because the charges are dropped doesn't mean that he didn't commit the crime or that his prior probation should not be revoked. It may simply mean the D.A. has an overbooked case load, picking his or her battles or it really is an issue of he said, she said.  The D.A. clearly wants to go straight to probation revocation as a sufficient resolution to this matter but it will be up to your boyfriend's lawyer to show the court that if the prior charges are dropped, his probation should not be impacted. Consider talking to his probation officer, as well, for any help as a character witness.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption