Q: If your case is dismissed while on probation can you still be found guilty of VOP
My son was arrested for burglary while he is on probation for another charge. There is not enough evidence to convict him of the burglary but he is having to go to court on Violation of Probation charges first.
A: Unfortunately, he could still be found to be in violation of probation even if the burglary charge has been dropped. This is because there are two different standards of proof; to prove someone violated probation with a new criminal offense, a judge only has to find that it is more likely than not that he committed the burglary. Most criminal defense attorneys provide free initial consultations, so you may want to search for a criminal defense attorney in your area.
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