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Q: Arrested for a new charge while on probation. The State of Florida “No Filed” or dropped the new charges. Is this still be a violation if the charges have been dropped?

A: Yes, it can be. Often times the State Attorney’s Office will dismiss a violation if they have dropped charges but they can still move forward on the violation if they can provide by a Preponderance of the Evidence that a violation or new charge did occur. The case is heard by the Judge and no jury is present. Hearsay evidence is permissible but it cannot be the sole basis for the violation.

Posted about Violation of Probation or Community Control in our FAQs section.