Friday, 24 April 2015

If I'm on deferred probation and get accused of a crime I didn't commit in another county can my deferred probation be automatically revoked?

Question

If I'm on deferred probation and get accused of a crime I didn't commit in another county can my deferred probation be automatically revoked?



Answer

It can't automatically be revoked, no. First, of course, they'd have to file a motion to adjudicate and to revoke your probation, give you notice of it, and have a hearing. A revocation would then be subject to the state only having to prove that you "probably" committed the new offense, though, not the beyond a reasonable doubt standard that would be required for a conviction in the new case.



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