Can the DA revoke my brother’s probation if was arrested for another offense but the charge has now been dismissed?

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Can the DA revoke my brother’s probation if was arrested for another offense but the charge has now been dismissed?

My brother is currently on probation for 3 years for a 2 year old robbery case. He was recently arrested for a robbery charge with 3 other co-defendants. However, yesterday the case got dismissed so they weren’t charged for this robbery. Everyone has been released from jail except my brother, because the DA wants to revoke his probation. Would the DA be able to revoke his probation if this new robbery case got dismissed?

Asked on August 17, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your brother was convicted for a robbery offense resulting him being placed on probation where he was to obey all laws of the state he was convicted in, but was recently arrested for a second robbery offense, the second offense in and of itself would technically be a violation of his probation resulting from the first offense.

However, if the charges as to the second offense were dismissed as to your brother, most likely there would no longer be a violation of his probation resulting from the initial conviction.

I suggest that your brother consult with a criminal defense attorney about his current situation.


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