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

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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

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 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.


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