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My friend is on probation and was arrested. He was found innocent. This charges were dismissed, exspunged from his record, and wiped out of the system. However, it still shows he was booked and processed. The PO said she still has to put out a violation. Will a warrant be issued even though he was found innocent and will he have to go to jail? We are in TN.
I believe the booking cannot be removed from the system. I do not believe this violation would be listed.
Are you 100% certain this is what happened?
I am positive this is what happened. His PO even said that she could no longer find the charge in the system on Monday. Now 3 days later she calls and says she has to still violate him because he picked up a new charge. If you are found innocent and its cleared from your record how is that picking up a new charge and how can that be a violation?Quote:
Originally Posted by JudyKayTee
Hello L:
Being found innocent of a new charge isn't enough to avoid a violation... When I was under supervision, I was required to report ALL police contact.. Apparently your friend didn't do that.
excon
He called his PO and told her.Quote:
Originally Posted by excon
Hello again, L:
Then what is the particular charge they're violating your friend on? It's not a secret. He knows. There ARE papers.
excon
He wasn't "found innocent". He was not found guilty. The distinction has to do with the presumption of innocence and the "proof beyond a reasonable doubt" requirement. With respect to the violation proceeding, which is not beyond a reasonable doubt, it is possible that the court could find that he did it.
Sort of like what happened to O. J. Simpson.
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