Being arrested while on probation is not a trivial thing. You're right that the court can violate your probation even if the new charges are dismissed. Get a lawyer immediately, and don't even think about trying to handle the case yourself.
I have been busted twice once for outcall and once incall. I am on probation for the first time and I have court coming up for the second. I am scared to go to jail any suggestions? I didn't exchange money or say anything doing with sex on the second arrest. I think it will be throwen out for the second arrest but they might violate my probation for being arrested again.
You didn't say if you where a client or a provider. I assume your a provider not that it really matters, just curious.
First the disclaimer. I am not a lawyer and this doesn't constitute legal advice. That said, remember most probation cases have stipulations that if you commit the crime again you can receive additional penalties. However, if they drop the charges of the second arrest then they can not prove(in the eyes of the law) that a crime occurred. Thus as the law in concerned you can't violate probation if you didn't commit a crime.
In my opinion get a good lawyer and get the second arrest droped.
This is not intended as legal advice. See your attorney who is experience in this area. But this answer is wrong. Oh yes they can violate someone on probation even when one is aquitted on the new charge and they do reqularly. It depends on the state of the evidence and other numerous factors. The standard of proof is far different and generally you face a judge who decides the probation and not a jury. Guess how the judge will decide the case.
Being arrested while on probation is not a trivial thing. You're right that the court can violate your probation even if the new charges are dismissed. Get a lawyer immediately, and don't even think about trying to handle the case yourself.
Most prosecutors and probation officers will drop a probation violation charge if the court throws out the new charge. However, I have seen prosecutors try the pv charge occasionally under such circumstances. Such circumstances ordinarily were when the charges were more serious (i.e. felonies) or in rural courts where they have nothing better to do. They'd need to prove a pv charge by a preponderance of the evidence, a lower standard than the more familiar "beyond a reasonable doubt" standard for new charges. I agree with the previous posters...retain counsel and inform counsel of your probation status.
i live in Chicago south suburbs actually. The 1st time i got busted they charged me with a class 2 felony cause i sold the trick (undercover) Herion second time I had no drugs involved thank god
Wow! I can only hope you are not serious but it seems you are. Did you know that if you sell someone heroin and they overdose you can be charged with the death? Also, you can get arrested on a felony (looks like you learned that one the hard way). Keep your drugs and your providing life separate, please, especially if you don't know the guy!!
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