Q: Does a probation violation with a new charge constitute a new conviction?
I was convicted in 2015 for false identification to a pollen broker and possession of stolen property valued at $5000, and placed on probation. I violated this probation with a new charge of robbery with a firearm. I was arrested and there was a hearing related to the probation violation, resulting in an additional two-year sentence. Does the probation violation due to the larger charge constitute a new conviction?
A: It appears that the new charge, robbery, was in addition to the previous charges, to which you were placed on probation. If you were also convicted of the robbery charge, yes, that would be a new, separate violation. Your attorney should have made sure you understood.
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