Is a violation of probation a separate charge? My son has a VOP from a misdemeanor and a recruiter is telling him he has to prove it is not a separate crime. How can he prove it is not a separate charge? Kathy

Hello Kathy:

How can he prove something didn't happen? You can't prove a negative. Seems to me it's up to the recruiter to prove it is.

excon

He meant additional charges I believe. If you get a techinical VOP it just means your didn't comply with the terms of your probation, like community service or even calling your probation officer and letting her know you moved from your moms house to your dads. However, If he was on probation and say, got pulled over for driving on a suspended DL then that would be a second charge.