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