My question involves criminal law for the state of:
Missouri
In 2011, Joe enters a plea agreement for "domestic violence;" not sure if it was 1st, 2nd, or 3rd degree. The agreement was for a term of probation. It may have specified that the charges would be "dismissed" upon completion of the term of probation.
In October 2014, Joe completes his probation with no serious violations.
In November 2014, Joe's probation officer learns that Joe committed a felony during the period of his probation.
1) Can Joe's probation be retroactively revoked upon discovery of the new felony? Assume it can be proven beyond a reasonable doubt, but is unlikely to be prosecuted by itself. Suppose it's for software piracy in the neighborhood of $500.
2) Does it matter whether or not the charges were "dismissed" upon completion of the probation?
Missouri
In 2011, Joe enters a plea agreement for "domestic violence;" not sure if it was 1st, 2nd, or 3rd degree. The agreement was for a term of probation. It may have specified that the charges would be "dismissed" upon completion of the term of probation.
In October 2014, Joe completes his probation with no serious violations.
In November 2014, Joe's probation officer learns that Joe committed a felony during the period of his probation.
1) Can Joe's probation be retroactively revoked upon discovery of the new felony? Assume it can be proven beyond a reasonable doubt, but is unlikely to be prosecuted by itself. Suppose it's for software piracy in the neighborhood of $500.
2) Does it matter whether or not the charges were "dismissed" upon completion of the probation?
Probation and Parole: Retroactive Violation for Misconduct Committed Before Probation Expired
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