Charges of Aggravated Assault with a Deadly Weapon placed a Lee County resident on two years probation. His supervision was later transferred to New York State. Apparently, the former Florida resident became involved in another criminal situation and seven months into his probationary period was arrested and charged with Trademark Counterfeiting in the 2nd Degree by New York City police officers. The probation officer in charge of his case submitted a Violation of Probation Report and a warrant was issued by Lee County Court for the defendant's arrest.
A Violation of Probation (VOP) is much different than being charged with a new crime. Because the defendant has already been sentenced to probation, there is less protection than being charged with a new crime and it is much easier for the State to prove a violation. The individual in violation does not have the right to a trial before a jury and the prosecutor must only prove that the defendant more than likely violated their probation. Finding of guilt in a VOP may result in; the probation period being lengthened or revoked, more conditions added to the probation terms, or the individual facing time in jail.
The charge of Trademark Counterfeiting in New York State was later dismissed. Lee County Criminal Defense Attorneys successfully argued on behalf of the defendant that the warrant should be also dismissed. Because the Counterfeiting charge no longer existed and was the basis of the probation violation, it was demonstrated that the probation should not be revoked and the warrant was dismissed by the Court.
