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We are from Florida.

My husband’s probation was violated without any new case or charges. His probation officer issued a arrest warrant based in someone’s accusations however this person has not filled any charges nor there are any new cases against my husband. Can someone’s probation be violated based on someone’s word? If there was proof of what this person is saying wouldn’t is be charges filled?

Asked on April 26, 2015 under Criminal Law, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Revocation matters are considered "administrative" in nature--- which often results in less rights than normally afforded in the original criminal process.  As long as there is an allegation, and the officer blindly believes it, then your husband could be required to defend himself against those charges.  The probation officer is not required to wait for charges to be filed.

With that being said, your husband needs to start visiting with a criminal defense attorney now.  He may be able to investigate the case while it still fresh and finds angles that could assist his defense.  Many people wait to investigate until a short time before their hearing-- only to learn that a piece of evidence got lost or that a witness no longer remembers certain important details.  So the sooner he develops his defense, the sooner he may be able to shut down the allegations.


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