At a cop hearing if I plead not guilty ,how long does it take state to make a decision,and how long will I be in jail waiting to

Asked 6 months ago - Fort Lauderdale, FL

Get a verdict/sentence/offer.probation violation

Attorney answers (4)

  1. Timothy F. Sullivan

    Contributor Level 13

    3

    Lawyers agree

    Answered . There is no one on this site that can accurately answer this question without knowing the charge, the facts of your case, your prior record, who the judge is, what his court docket is like.

    If you are facing a criminal charge the stakes are high. I would highly encourage you to contact an experienced criminal defense attorney that regularly practices in the county the alleged offense occurred in. Most offer free initial consultations so your minor investment of time to meet with him/her will go a long way.

  2. Michael Adam Haber

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I suppose you mean a VOP.

    Sometimes they defer ruling to consider the matter but, absent novel issues of law or particularly sensitive cases, the overwhelming odds are that the Judge will rule after the evidentiary portion of the case has been closed and final argument made.

    That said, violations of probation (VOP's) are very different than substantive (new) cases. The terms and conditions of probation make it such that any material and willful violation can result in a no bond hold, a bench (not a jury) hearing (trial) with lax rules of evidence, admissible hearsay and a reduced burden of proof (a "preponderance of evidence" - or "more likely than not"). We have 45 criminal court Judges in the 305 some of whom are very strict and others who are more tolerant, and I'm guessing that Broward is very similar in structure. Either way you can be held without bond pending either a VOP hearing or ruling thereupon.

    My advise: Locate an experienced 954 area criminal defense lawyer, engage in a meaningful consultation and get yourself some advise which is legally sound and has been custom tailored as possible to meet your specific reasonable needs in your unique case.

    In the interim you might consider taking a look at my Avvo Legal Guide on surviving probation / CC in Florida as it contains a great deal of information on the subject and may prove to be helpful to you. For your convenience a link follows:

    Please see: http://www.avvo.com/legal-guides/ugc/probation-...

    I hope that this has been helpful.

    First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq.... more
  3. Robert Jason De Groot

    Pro

    Contributor Level 20

    Answered . A vop hearing? The state will have made a decision on what they want. In minor incidents it can be time served. You will be in jail until the judge has time to hear the vop, unless a bond is set and you are able to bond out.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I... more
  4. Christopher A Narducci

    Contributor Level 8

    Answered . Your question is not very clear. If you have a cop="change of plea" hearing, that means you are changing your previously entered "not guilty" plea to one of guilty or no contest. Your amount of time waiting to get before the judge again depends a lot on the judge's docket.

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