Termination of Pre-Trial Probation
General Statutes Sec. 54-56e, Accelerated Rehabilitation, establishes a discretionary pretrial diversionary program in certain criminal cases. It suspends criminal prosecution for a stated period of time subject to such conditions as the court shall order. If the defendant satisfactorily completes the probationary period he may then apply to the court for dismissal of the charges lodged against him. State v. Fanning, 98 Conn.App. 111, 115 (2006).
However, an arrest during the probationary period, without more, is insufficient to terminate participation in the program. Id. Specifically, the fact of an arrest, without more, is an insufficient basis for the court to determine by a fair preponderance of the evidence that the defendant had "violated any criminal law", General Statutes Sec. 53a-30(a)(7); in order to terminate the probation. Id. at 122. As always, you should consult with an attorney in order to assess your specific case.
