looking4answer
03-15-2006, 09:54 PM
Okay, here is a doozy for the professionals out there.
Defendant takes a plea bargain for felony theft of property.
Defendant is sentenced to pay restitution and 2 years post trial diversion.
Defendant does not pay restitution thus violating their probation.
Violation of Probation Warrant issued against defendant.
Warrant dismissed with prejudice in 2001.
Now from my readings, if a probationer violates their probation they are to be brought back in and fully charged and sentenced. But, if the violation warrant is dismissed with prejudice in 2001 and to date no indictment can be found charging the defendant with their original crime does not TCA 40-2-101 come into play and ALL charges against defendant (including original) be dismissed and therefore defendant should be cleared of all record of said case including the guilty plea?
Seems to me, in a nutshell that the defendant "got away" with the felony and any and all charges, pleas, convictions, and records of the crime should be dismissed?
Your thoughts......
Defendant takes a plea bargain for felony theft of property.
Defendant is sentenced to pay restitution and 2 years post trial diversion.
Defendant does not pay restitution thus violating their probation.
Violation of Probation Warrant issued against defendant.
Warrant dismissed with prejudice in 2001.
Now from my readings, if a probationer violates their probation they are to be brought back in and fully charged and sentenced. But, if the violation warrant is dismissed with prejudice in 2001 and to date no indictment can be found charging the defendant with their original crime does not TCA 40-2-101 come into play and ALL charges against defendant (including original) be dismissed and therefore defendant should be cleared of all record of said case including the guilty plea?
Seems to me, in a nutshell that the defendant "got away" with the felony and any and all charges, pleas, convictions, and records of the crime should be dismissed?
Your thoughts......
