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violation of probation with assault charge?

I plead no contest to an assault charge and was placed on probation by the judge. Then last week I was involved in a fight that wasn't my fault at all and now I'm charged with another assault case. If I get a lawyer and he gets me off on the second assault charge will that mean that nothing happens with my probation? Thanks.

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Submitted Tue, 09/14/2010 - 09:25

While the ultimate outcome of the second assault charge has no bearing on the initial probation violation some judges and probation officers will "track" the two cases. In most probation violation cases your PO must demonstrate to a judge that "probable cause" exists to believe you committed a new offense. Having an attorney to challenge the evidence in both cases and present your defense will help you achieve the best possible resolution. Good luck and feel free to call me with further questions.  Attorney Kevin Gaughen, Jr.
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.

I agree with attorney Gaughen.  Assuming the court finds that your violated probation, the judge has a great deal of discretion when deciding what to do about that violation.  She might do nothing, she could add conditions to your probation, extend your probation, or she might incarcerate you.  As attorney Gaughen points out, the bottom line is that you may eventually be found not guilty of the second assault charge but still be found to have violated your probation.

I am currently on probation for a B&E and larceny over 250 i have been on probation for almost a year i have about 7 months left i got a letter in the mail from someone trying to press charges against me for assault that i didn't commit it was self defense and the person was arrested for it soon after the incident because they had found the weapon he has also threatened me before with violence i also wrote up a police report after it had happened the charge was sent to me from the other person who was and still is currently in prison. they already have 2 assault and battery charges and assault with a dangerous weapon which is my case they are going to court for because they were on probation and violated because of the incident i am up to date with all of my court fees and plan on joining the national guard after i am off probation which turns into continue without a finding when i complete my probation I'm just wondering will this violate me im not sure what to do?

I'm not sure what exactly you received in the mail "from someone trying to press charges."  However, whether he is bringing a civil action against you for damages based on assault or the state is pressing charges, you should have an attorney look at the documentation.  As attorney Gaughen stated above, in probation violation cases your PO must demonstrate to a judge that "probable cause" exists to believe you committed a new offense.  An attorney can help you convince the judge that no such probable cause exists.  Good luck.

Well that person is the one pressing charges the cops had pressed charges against him for assault and battery with a dangerous weapon and apparently his lawyer advised him to try to press charges against me for assault and battery the paper said criminal compliant and it was filled out by him against me just trying to get some information that may help

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