If you are on probation and someone files a police report on you, would you go to jail?

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If you are on probation and someone files a police report on you, would you go to jail?

My sister is dating a person that is on probation. September 18 he choked her and slammed her on the bed. If she were to make a police statement but not press charges, would he go to jail? She just wants some kind of documentation at this point. I guess my question is what will happen to the person that is on probation?

Asked on October 19, 2010 under Criminal Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Listen, what happens to him is not as important as keeping your sister safe.  She needs to keep away from this guy.  The longer she waits to report the incident the more likely that the police will not take the matter seriously.  So she needs to act NOW.  When she makes out the report he will be arrested and being arrested is in no doubt a violation of his probation.  She NEEDS TO DO THIS because she needs to get a restraining order against this guy as well.  He needs to stay away from her and the rest of your family.  I am really fearful that she has waited too long on this so please urge her to act as soon as she can.  And to re-think her relationship here.  Good luck.


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