Attorney Christian A. Straile, LLC
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Posts tagged "substantive violation"

Violation of Probation Substantive Charge Dismissed

A Violation of Probation (VOP) can be either substantive or technical. A substantive violation means a new criminal charge and a technical violation means that a condition has been broken or not followed but there is no new criminal offense.

Substantive versus Technical Violation of Probation

What is the difference between a technical and a substantive violation of probation? This is a common question when a family is facing a violation of probation or VOP. There are basically two ways a person can violate probation. One type of probation violation is called substantive and the other is technical.

Probation Violation Must Be Willful and Substantial To Revoke Probation

Probation can be revoked upon a finding that a violation is willful and substantial. The State has burden to prove by the greater weight of the evidence that the probation violation is willful and substantial. This standard or burden of proof is also called preponderance or "more likely than not".

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