12/17/13: What is the significance of an arrest for a new criminal charge while on probation?
Any violation of your probation is potentially serious however when you have been arrested for violating your probation due to an arrest for a new criminal charge or new criminal charges you are put into an extremely serious situation.
The purpose of probation is to give the probationer a chance to rehabilitate themselves rather than face incarceration – when a probationer is arrested for new criminal charges while on probation the court generally views that as the probationer thumbing their nose at the criminal justice system. Further, when your probation has been violated for a new criminal law arrest you have two potentially serious matters to deal with:
- Your Violation of Probation (VOP)
- Your New Criminal Charges
Many people are under the mistaken belief that by beating the new criminal charges that serve as the underlying basis for the VOP the violation of probation will automatically go away. This is a misunderstanding of the law. When you are on probation and you are arrested for a new criminal charge the arrest alone can serve as the basis for a violation of probation, you do not have to be convicted of the new charges in order to be found in violation of your probation. If you have been arrested for new criminal charges while on probation you are best served by hiring an experienced criminal defense attorney. The lawyers at Viacava & Cantor have resolved thousands of violation of probation cases. If you have been arrested for a new criminal charge while on probation contact a criminal defense attorney from Viacava & Cantor for a free consultation where we can discuss representing you not only on your violation of probation case but on your new charges as well in order to effectuate the best possible result for you.