Q: I violated my probation on a no contact it is one of the conditions for probation.. the victim made a complaint will the
Police but no charges..the officer called my PO and told her I was in contact with victim.. so my question is is this a technical since it was a condition on my probation also will the victim be at my hearing he only made a complaint he did not press any charges
A: It's not a "technical" violation, like failing to pay a monthly supervision fee, but a violation of a special term of probation. Whether the PO will be able to prove the violation without the victim present to testify is another matter. Repeating hearsay phone calls from a responding police officer who merely repeats what the victim said to him is double hearsay and objectionable, even in a civil VOP hearing. Hire a lawyer if a VOP is filed.
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