Venice, FL asked in Criminal Law for Florida

Q: A Violation Of Probation happens due to a shoplifting charge but then is found non guilty what happens to the VOP?

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4 Lawyer Answers
Terrence James O'Sullivan
Terrence James O'Sullivan
Answered
  • Criminal Law Lawyer
  • Melbourne, FL
  • Licensed in Florida

A: In a perfect world the VOP would be dismissed. However, Florida law allows the State to proceed on the arrest. Practically speaking, it depends on what you priors are, what you’re on probation for, is this a first violation and if the prosecutor has it out for you. I’d recommend a local lawyer with relationships to the prosecutor on your underlying case.

Jonathan Blecher and Michael Fayard agree with this answer

Jeffrey H. Garland
Jeffrey H. Garland
PREMIUM
Answered
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

A: The acquittal of the shoplifting charge does not necessarily mean that the VOP will be dropped or dismissed. There are different burdens of proof. Still, the acquittal means that the Defendant is still in the game. Maybe the problems exposed at the jury trial will continue into the VOP with the effect of undermining the prosecution. Talk to the lawyer on the case about the specifics and how he /she expects the VOP to play out.

Jonathan Blecher and Michael Fayard agree with this answer

Jonathan Blecher
Jonathan Blecher
Answered
  • Criminal Law Lawyer
  • Miami, FL
  • Licensed in Florida

A: Simply being arrested is a violation of your probation, regardless of the NG on the petty theft charge. I agree with my colleagues, and suggest you retain an attorney right away.

Henry George Ferro
Henry George Ferro
Answered
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: Unless there are other allegations of violation of the probation, the VOP is dismissed and you move forward to complete the probation...

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