Parole, Probation probation

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davorra2003

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My daughter was on probation for petty theft, and picked up another petty theft , but was found innocent by jury trial. Now it looks like riverside county, ca has violated her how does this happen. Her second offense was in orange county, ca
 
The probation violation is not directly associated with a criminal conviction - it does not even require a criminal act to rise to the level of a probation violation.

The probation office may decide that the actions are sufficient to warrant a probation violation. I once had a DV case where the local DA would not prosecute for the domestic violence, but a nearby county that held the probation felt the case was strong enough to justify a probation violation ... a court agreed.

If her probation officer wants to violate her, they will have to bring it back to the court and a judge will have to agree. In the meantime, she gets to sit in jail.

She needs to learn from this quick. She apparently got lucky in the recent jury trial, that may not happen again.

- Carl
 
Now Now CDW,

Maybe she was innocent. . .
Legally, sure ... a jury found her to be "not guilty." That just means the state failed to meet its burden, not that she was not guilty.

But, she'll get a chance to make that claim when she goes before a court in her home county.

Probation is no ta right, it is a privilege. Had she been in custody for the original offense, the accusation, arrest, and trial would never have been required.

- Carl
 
. . .

What was her alleged "probation violation?"

was it because they think she was guilty, or, did she "forget" to tell her probation officer about the contact?

Seems like if she meets with her P.O. once a month, the violation would have occurred, and she would have been violated, before the trial would even have taken place!

;)
 
It could be that the transcripts of what came out in court implicated her ... or, it could be that the probation office did not know of this until after it went to trial.

I suppose we'll have to wait to hear back from the OP.

But, when one is on probation, one has to mind their actions. Sadly, too many don't and they get violated.

- Carl
 
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