Can a p.o. violate state felony probation for attempted suicide?

Asked almost 3 years ago - Tampa, FL

My friend is on state felony probation for aggrevated assault. His live has been hard lately and this past Tuesday he attempted suicide by slitting his wrist. His p.o. told him he wants his probation revoked because of what he tried to do. Can she do that? It was with a kitchen knife btw not a combat knife or other weapon.

Attorney answers (3)

  1. John Patrick Guidry II

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . This probation officer should be nominated for the heartless human being award of 2012, if there is such a thing. The threat of violation here is very real, but I would have your friend hire a defense attorney immediately and hope that the judge isn't as cruel as the probation officer.

    There are several problems with this type of violation, and sadly enough, I've seen them before, but the few I have seen have failed. The problem is that violations of probation must be willful. And if you dig a little deeper on attempted suicide cases, you'll find that this action may be considered an involuntary result of a mental illness. I suggest your friend, under the guidance of a local criminal defense attorney, hire a mental health expert to evaluate him. Good Luck.

  2. Laura Gapske

    Contributor Level 10

    2

    Lawyers agree

    Answered . I agree with Mr. Guidry and would nominate the PO for the "most heartless" award of 2012, as well as having your friend placed under the care of a mental health professional.

    The standard for a violation of probation is that the act be a "willful and substantial" violation of the conditions. There is a good defensive argument for both of these elements -- have your friend speak with a local defense attorney as soon as possible.

    good luck.

    The attorney's answers to questions are for general purposes only and do not establish an attorney-client... more
  3. Richard Earl Hornsby

    Pro

    Contributor Level 17

    Answered . Could a PO try to have a your friend violated? Yes. Would a violation stick under the particular circumstances? No.

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