Being charged with a new offense while on probation constitutes a violation regardless of whether the person is ultimately found guilty or not guilty; the court focuses on whether there was probable cause for the charge, which is a very low legal standard that the defense must challenge.
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Charged With a New Crime on Probation? Here’s What MattersAdded:
So general condition one only requires that you be charged with a new offense.
You can go to trial on that charge and be found not guilty. There is no defense to picking up a new criminal defense criminal charge other than that the original the new charge does not have what we call probable cause as I mentioned earlier a very low standard.
So realistically if you have been charged with a new offense, it does not actually matter whether or not you are ultimately found guilty. What only matters is whether or not your lawyer is able to argue that there wasn't probable cause for you to be charged in the first place.
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