IF YOU ARE ON PROBATION AND YOU GO TO JAIL AND THE CHARGES ARE DISMISSED CAN THEY STILL REVOKE YOU?

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IF YOU ARE ON PROBATION AND YOU GO TO JAIL AND THE CHARGES ARE DISMISSED CAN THEY STILL REVOKE YOU?

Asked on July 3, 2009 under Criminal Law, Alabama

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It's possible.  In some states, probation conditions are worded so that it is the arrest, not (just) the conviction, that violates your probation.  The other question that might be asked is why the new charges were dismissed.  If it was discovered that you had nothing to do with the crime, that would probably help you avoid a probation violation.  However, if the dismissal was for insufficient evidence, that doesn't always mean the probation department has to ignore the arrest.


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