Question: I got charged with my second CUA plus a DOC, what will happen? My first CUA was when I was 17, now I’m 18 and still on probation and I got charged with CUA and DOC. What will happen?
Answer: If you are currently on probation and you get charged with a new offense your probation could be REVOKED! If your probation officer files a revocation of probation action I would advise you to retain a qualified and competent attorney to represent you. In a probation revocation the standard of proof is not “beyond a reasonable doubt”, as it is in the underlying criminal charge. The standard of proof is less and it is only required that the government prove it is more likely than not that you could have committed the new offense. If the government does this, the Judge could revoke your probation and you could be incarcerated.