Does anyone if the state may abandon an allegation of probation violations during a hearing? If so, what is the latest that this can be done?
Lloyd S. Kleiman
You can abandon them at any time prior to the end of the hearing.
Abandoning an allegation is no longer so important after Waters, 560 S.W.3d at 661 ((concluding that a second motion for revocation was not barred by collateral estoppel even when the trial court, with respect to an earlier MRP, found the violation allegation as "not true" because a trial's court's determination of not true or true is not "necessary or essential" to the judgment such as to invoke collateral estoppel). But, in any event, dropping an allegation should not affect the right to raise it again later when done before the court has made any factual determination based thereon. York, 342 S.W.3d at 553.
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