Dropped the Charges= no crime? But still a probation violation? Facing Jail Time?

[Ashlee Oriarte]

Jurisdiction

California

Hi there,
My dad is really having a hard time with the American Canyon police department (Napa County, California) and now the justice system in our county...
BUT my baby brother is sick... he just, yesterday had to have an MRI and a "brain wave scan" because he spontaneously goes numb on his left side-- AND HE IS ONLY THREE years old! I am twenty-four now, and feel like maybe some of the minor issues I had with the police department growing up may have affected this decision by ACPD/Napa County Justice System.
The public defender, nor my dad's probation officer can give him any substance on the matter
Which makes no sense to me--But it's really upsetting him.. But my brother's well being without his father is my concern.

If they dropped criminal charges in this matter- than how do they have a case to therefore violate his probation-?
And when the incident in question did occur--he wasn't even on probation????
if there is no case how can he be in violation- if even the courts already recognized that no crime occurred-where is the probation violation????
It makes no sense??
PLEASE HELP!!!!!!!!!!!!!!!!!!!!!!

 

[Bryan66877888]

it was a violation when he was charged with the crime

 

[Ashlee Oriarte]

it was a violation when he was charged with the crime

He wasn't on probation at the time the incident occurred?
But because of charges pending- he is now?
And if he was perhaps on probation the charges were dismissed- he was cited, and released.
And he was at a ceremonial public event- there was no police contact because they were already there-there.

 

[Ashlee Oriarte]

HE WASN"T CHARGED WITH THE CRIME!

 

[Ashlee Oriarte]

THE CRIME WAS DISMISSED!

 

[army judge]

Hi there,
My dad is really having a hard time with the American Canyon police department (Napa County, California) and now the justice system in our county...
BUT my baby brother is sick... he just, yesterday had to have an MRI and a "brain wave scan" because he spontaneously goes numb on his left side-- AND HE IS ONLY THREE years old! I am twenty-four now, and feel like maybe some of the minor issues I had with the police department growing up may have affected this decision by ACPD/Napa County Justice System.
The public defender, nor my dad's probation officer can give him any substance on the matter
Which makes no sense to me--But it's really upsetting him.. But my brother's well being without his father is my concern.

If they dropped criminal charges in this matter- than how do they have a case to therefore violate his probation-?
And when the incident in question did occur--he wasn't even on probation????
if there is no case how can he be in violation- if even the courts already recognized that no crime occurred-where is the probation violation????
It makes no sense??
PLEASE HELP!!!!!!!!!!!!!!!!!!!!!!

I have personally represented defendants that had probation and/or parole VIOLATED because they were charged with minor criminal law violations, or had NEGATIVE interactions with law enforcement, or failed to report such interactions.

Those individuals were eventually revoked (for the most part), and it has NOTHING to do with NOT being charged for any new crime.

The revocation was for their MISBEHAVIOR (or failure to report police interactions PROMPTLY to their PO).

I suggest you advise your loved one to ask for a revocation hearing and request a court appointed lawyer and NOT to explain or discuss the case in any form, shape, or amnner while he awaits adjudication.

Be advised, personal family matters (health issues, etc) have no sway on what the judge decides.