The State Dropped My Criminal Charge, Can I Be Charged with Violation of Probation? What is a Violation of Probation (VOP)?
This is arguably the most common question posed to the violation of probation attorneys of Hackworth Law. The scenario generally proceeds as follows: An individual is placed on probation and charged with a new substantive law violation. An affidavit of violation of probation is filed concerning the new substantive law violation. The probationer will be violated because probation requires the probationer agrees not to commit new law violations during the term of probation. Ultimately, the State Attorney’s Office completes their investigation of the case and determines they will drop the new substantive law violation. The probationer inevitably then asks and/or claims that the State Attorney’s Office cannot go forward on the VOP because they dropped the charges.
Unfortunately, this is simply not true. The legal standards between one being found guilty of a criminal charge and a violation of probation are significantly different. To be found guilty of a criminal charge, the State must prove the allegations beyond and to the exclusion of every reasonable doubt. While the State is only required to prove a violation of probation by a preponderance of the evidence, that simply amounts to approximately 51% or as it is more commonly referred to “a mere tipping of the scales.” Simply put, the State is required to prove much less to convict someone of a VOP than a new substantive law change. This is why someone can be found not guilty before a jury, but still be found in violation of their probation.
Our experience has shown us that this is one of the most difficult distinctions in the criminal justice systems for individuals to experience. If you or someone you know has questions concerning substantive law violations and violations of probations, contact the Tampa probation attorneys of Hackworth Law for a free case consultation.