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Can a probation officer violate you for no reason at all even if there is no evidence i complied with everything

Miami, FL |

interstate transfer

Attorney Answers 3

Posted

Typically there has to be a reason for you to be violated (such as you failed a drug test, failed to appear for an appointment, or you committed a new law violation). If you are violated for truly "no reason" then the state should decline the charge.

The response posted above is provided for informational purposes only. Responses such as this, based on limited facts, are no substitute for actual legal advice and counsel by a qualified lawyer that has reviewed the entirety of your case. Additionally, no attorney client relationship was created, and no part of this response constitutes legal advice or counsel.

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Posted

good to hear i appreciate that best answer i got because i always believed they needed proof if u violated like if u failed a pee test they need to see papers and so on and so on

Posted

Sure. You can be violated when you think you have complied just as you can be convicted if you think you are innocent. I suggest you consult with an attorney.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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Posted

i just always thought that they need evidence and all before a arrest can be made for probation

Valerie Semmes Bouffiou

Valerie Semmes Bouffiou

Posted

I'm guessing your po has something he or she considers evidence. This doesn't mean you will actually be violated.

Asker

Posted

thats what i believe i completed everything and showed up to all appointments and did everything accordingly she just clamed i cussed at her on phone which i did not an anyways and besides there is no direct violation for name calling im sure of

Posted

This is an incomplete and loaded question.

1) What does the interstate transfer have to do with your situation? Are you on FL probation or is it courtesy supervision?

2) Can a PO violate you? No. PO's do not violate people. PO's accuse people of violating. Then the State Attorney decides whether or not they can (and wish to) prove a violation. Ultimately it is the Judge who determines a) whether or not a violation occurred; b) if so whether it was material and willful and c) if so what sentence should be imposed.

3) Its a good rule of thumb to never ever under any circumstances do anything but bend over backward to comply with any and all requests of your PO and to do so with a smile on your face. Your PO can conjure up a reason to accuse you, to have you locked up and to cause you to defend yourself. Even if you "win" in the end you still "lose" short term. Plus, you still have to deal with your PO afterward....

4) It may help for you to think about being on probation as a gift of sorts, albeit one which is given to you by an Indian giver who can take it back at any time (the alternative being jail). It behooves you to remember that at all times while serving your probationary period. Think of your time on probation as walking on a tightrope: Stray just a little to either side, lose your concentration or balance even for a moment and you fall. However, instead of landing on the ground you land in jail or prison.

All of this 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"). In the 305 (where I primarily practice) we have 45 criminal court Judges, some of whom are very strict and others who are more tolerant, but none of them are "fond" of probationers accused of violating. It throws a proverbial monkey wrench into their docket and causes a mostly closed case to print out where, all things equal, it should not.

My advise: If you think that you face an accusation of a violation then proactively locate an experienced 305 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-in-florida--what-it-is-and-how-to-survive-it

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. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

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