Will he be still be in violation of his probation if no charges are filed for the assault? 32 Answers as of May 22, 2013

My brother is on probation for Driving While Intoxicated. He recently got in trouble for assault. The person he supposedly assaulted dropped the charges. His probation officer does not know it yet.

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Universal Law Group, Inc. | Francis John Cowhig
Possibly. He needs to talk with his original attorney asap or contact another experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding his arrest. He/she would then be in a better position to analyze his case and advise him of his options.
Answer Applies to: California
Replied: 9/16/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
A probation revocation does not always involve conduct resulting in an arrest. However, the fact that he was arrested I can assure you that his probation will be made aware of same. If he has an understanding probation officer and your brother has otherwise been a perfect probationer, his probation officer might be willing to cut him some slack.
Answer Applies to: Alabama
Replied: 9/16/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
The probation officer and the court usually wait to see what happens with the charges and then deal with it accordingly.
Answer Applies to: Michigan
Replied: 9/16/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
If one violates any term of probation, then a probation violation hearing could ensue.
Answer Applies to: Pennsylvania
Replied: 9/16/2012
Mace J. Yampolsky, LTD
Mace J. Yampolsky, LTD | Mace Yampolsky
Yes.
Answer Applies to: Nevada
Replied: 5/22/2013
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    If there are possible violations of his probation conditions in any way, it could be the basis for a probation violation action.
    Answer Applies to: Kansas
    Replied: 9/16/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    If the person assulted phoned the police, the person assaulted cannot drop the charges. Only the prosecutor can drop the charges. If the prosecutor subpoenas the victim and makes him testify at the violation of probation (VOP) hearing then your brother can be sentenced to jail on the violation of probation without the new assault charges being filed. Suggest to your brother that he stop drinking.
    Answer Applies to: Georgia
    Replied: 9/16/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    His DUI probation likely includes a requirement of law abiding behavior. Being charged with assault violates this condition. If the charges are dismissed by the state (the victim cannot drop charges) he may be ok. In any event the PO will likely find out and there may be a violation.
    Answer Applies to: Washington
    Replied: 9/16/2012
    Selleck Legal, PLLC
    Selleck Legal, PLLC | Stacey Selleck
    If he is not convicted of an assault then there should be no violation.
    Answer Applies to: Michigan
    Replied: 9/16/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    If he was arrested, his probation will be violated.
    Answer Applies to: Florida
    Replied: 9/16/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    He can be charged for being arrested.
    Answer Applies to: New Jersey
    Replied: 9/16/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If the assault case has been dropped in court, or never was formally filed against him, he should have no problem.
    Answer Applies to: Illinois
    Replied: 9/16/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    No charges filed = no probation violation.
    Answer Applies to: California
    Replied: 9/16/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    Yes. When PO hears about it.
    Answer Applies to: Michigan
    Replied: 9/16/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    This is your brother's problem.
    Answer Applies to: New York
    Replied: 9/16/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Doesn't matter. To violate probation all that is required is an arrest.
    Answer Applies to: California
    Replied: 9/16/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If he is on probation he must report any police contact, new arrest, or change of address or it is a violation of arrest. The person who is the complainant can talk to the police or prosecutor but he does not have the power to "drop the charges". He is not the one that makes that decision. If he was arrested and the charges were dismissed he must still report the arrest.
    Answer Applies to: New York
    Replied: 9/16/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    When he finds out, your brother will be in trouble.
    Answer Applies to: Michigan
    Replied: 9/16/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Unfortunately, the probation officer can still decide that your brother violated the terms of his probation. Obviously, if the charges were dropped, without knowing the reason why, can help your brother at the revocation of his probation hearing.
    Answer Applies to: Nevada
    Replied: 9/16/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I suspect that the terms and conditions of his probation is that he have no violations of the law. If so, this is a violation of the terms of probation, especially if there were alcohol or drugs involved. Also: the person who your brother assaulted cannot drop the charges. Whether charges are dropped is entirely up to the prosecutor.
    Answer Applies to: Washington
    Replied: 9/16/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A person cannot press charges or drop charges. Only a prosecutor has that power and they may do so with or without the alleged victim's consent. Whether the incident is a violation of probation depends on the conditions of probation which may vary from case to case.
    Answer Applies to: Minnesota
    Replied: 9/16/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    He could still be in trouble based on the charges he received, even if dropped. Tell him to deny everything and to request a lawyer.
    Answer Applies to: Nebraska
    Replied: 9/16/2012
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    Yes, a probation violation can be filed even if no criminal charges are filed, because the standard of proof of a probation violation are lower than a criminal charge. However, if the victim does not want to press charges, it's less likely a PV will be filed.
    Answer Applies to: California
    Replied: 9/16/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Maybe, as only the prosecutor can drop the charges.
    Answer Applies to: Michigan
    Replied: 9/16/2012
    Law Office of Richard G. Terry | Richard G. Terry
    They can still proceed on a violation, the standard of proof is lower.
    Answer Applies to: California
    Replied: 9/16/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    It depends on what the conditions of his probation are. You need to review his sentencing order and see if he is in violation.
    Answer Applies to: Minnesota
    Replied: 9/16/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    The first term of probation is to not be charged with a new crime. Although the charges were eventually dropped, it is an arguable issue as to whether or not it would be a violation of probation for being involved and charged to begin with. Your brother should either speak to his probation officer to see if they plan on violating him, or he can wait and see if he receives a Notice of Violation. If either his P.O. tells him they are violating him or he receives the actual notice, he should hire an attorney to represent him on the violation. It is an arguable issue. By no means is it so black and white that you can simply get a definitive answer prior to presenting the case to a judge.
    Answer Applies to: Massachusetts
    Replied: 9/16/2012
    Buchholdt Law Offices | Jon M. Buchholdt
    He is probably obliged to tell his probation officer of any contact he has with the police. It would be up to the probation officer to petition the court to revoke his probation, but she will not likely do so if he voluntarily informs his PO of the incident. He has not been charged for the assault.
    Answer Applies to: Alaska
    Replied: 9/16/2012
    Attorney at Law | Ernest Krause
    The probation officer does not need a conviction in order to violate your brother. If the DA never filed a case there should be no problem. If the DA did then the probation officer will find out about it.
    Answer Applies to: California
    Replied: 9/16/2012
    Law Office of William S. Smith
    Law Office of William S. Smith | William S. Smith
    First off, as a general proposition, no private person can "drop the charges" once they have been filed. That is a decision that can essentially be made only by the district attorney's office. The DA's office will certainly give due consideration to the alleged victim's wishes in that regard, but it does not automatically follow that the charges will be dropped. Further, even if one on probation is not formally charged with a new offense or charged but the charges are dismissed (whether because charges are never pursued or are dropped before they get very far), nevertheless, his probation can still be revoked for any conduct allegedly constituting a criminal act. He will have the right to a hearing on this issue, but the point is, yes, he may still be charged with violation of his probation for this alleged assault even if no charges are filed, and his probation can even be revoked. He should retain an experienced criminal defense attorney immediately.
    Answer Applies to: Massachusetts
    Replied: 9/16/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If there was an arrest and police report it may be a violation even if the charges were dropped.
    Answer Applies to: Michigan
    Replied: 9/16/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    People cannot drop charges. When one is on probation, one must be law abiding. Without knowing more about the assault, I cannot predict what will happen.
    Answer Applies to: Washington
    Replied: 9/16/2012
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