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    Lakindal2184's Avatar
    Lakindal2184 Posts: 3, Reputation: 1
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    #1

    May 16, 2013, 02:24 PM
    Violation
    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.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 16, 2013, 02:33 PM
    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?
    Lakindal2184's Avatar
    Lakindal2184 Posts: 3, Reputation: 1
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    #3

    May 16, 2013, 06:15 PM
    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 View Post
    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?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    May 17, 2013, 05:25 AM
    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
    Lakindal2184's Avatar
    Lakindal2184 Posts: 3, Reputation: 1
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    #5

    May 17, 2013, 08:24 AM
    He called his PO and told her.
    Quote Originally Posted by excon View Post
    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
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    May 17, 2013, 09:53 AM
    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
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    May 19, 2013, 06:50 AM
    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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