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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20287
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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i just caught a new charge while on 4 years of probation and

Customer Question

i just caught a new charge while on 4 years of probation and my new charge is domestic assault. i talked to my po and she said she would violate me but she says that it is up to the court to do the final violation and have a warrant put out for my arrest or they can just wait to see the out come of the case if im convicted then they will automatic violate. so i was just worried and wondering if you had a better answer
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 6 years ago.

There is no requirement that you be convicted of the assault charge in order to have a VOP. In other words, the court can violate you based on there being probable cause to believe that you committed a crime. Normally though what will happen is that your VOP and the underlying charge will be handled in the same case by the prosecutor. So, if you are acquitted or the court or the prosecutor dismisses the other charges, then usually the court will also dismiss your VOP. That said, every case is very fact specific, so no way to say with certainty how your local court/judge will handle the issue. Speaking from my experience though as a former prosecutor, the information I gave you should be how the case would typically be handled.

I, like the other Experts on this site, am here to assist customers like you. However, we do so in anticipation of being paid for our efforts, just like other professionals do, since this is our livelihood and not a hobby. To that end, I am more than happy to clarify my answer to you and answer any related follow up questions that you might have for the value that you have offered for the question. In return, I ask that you show good faith in compliance with the TOS by accepting my answer, whether the news is good or bad, so that I will be paid for my efforts. Please let me know if you experience technical difficulties when attempting to ACCEPT my answer by clicking on the green button. That way I can notify customer service.

Customer: replied 6 years ago.
so do you think the courts will send an arrest warrant or just wait to see the out come of my new charge to see if i will be convicted first.
Expert:  Law Educator, Esq. replied 6 years ago.
I see you have clicked on opt out for your previous expert, but her answer was correct and if you expect her to answer you need to opt her back in.
Customer: replied 6 years ago.
i dont know how to opt her back
Expert:  Marsha411JD replied 6 years ago.
Hello again,

The moderators have opted me back in so that I can answer your follow up question. As I mentioned, they will not normally wait to see if you are convicted. You might reread my original response where I explained this. If you haven't been arrested for the charge of domestic assault/violence, then a warrant will be issued for that alleged crime and the VOP will just be added to it. If you were already arrested for domestic assault, then typically they won't arrest you again but they will add the VOP to your domestic violence case.