Does an arrest serve as automatic violation to felony probation?

Asked over 1 year ago - Okeechobee, FL

An individual was placed on felony probation for habitual DWLS, they were recently arrested for the same offense. Does this new arrest violate his current probation?

Attorney answers (7)

  1. Amir A. Ladan

    Pro

    Contributor Level 16

    10

    Lawyers agree

    Answered . Yes, an arrest can be the basis for a warrantless VOP. Whether the VOP is sustained will depend largely on whether the new law offense is sustained.

    Posting an answer to your question does not create an attorney / client relationship such that you can or should... more
  2. Jason Michael Reid

    Contributor Level 13

    10

    Lawyers agree

    Answered . The individual will likely be charged with a violation of probation. The individual will not automatically be violated, but they should contact an attorney immediately.

  3. Colleen M. Glenn

    Pro

    Contributor Level 17

    7

    Lawyers agree

    Answered . Yes this new charge will violate his current felony probation. As long as he is not considered a Violent Felony Offender of Special Concern he will likely get a bond. Consult a criminal defense attorney asap to discuss possible outcomes and defenses.
    Good luck!

  4. Bryan Andrew Lober

    Contributor Level 11

    5

    Lawyers agree

    Answered . The bandwagon is correct. Yes.

    The above advice is intended to be educational only. Any legal issue(s) should be brought to the attention of a... more
  5. Benjamin J Lieberman

    Contributor Level 20

    6

    Lawyers agree

    Answered . yes

  6. Charles K. Kenyon Jr.

    Contributor Level 19

    5

    Lawyers agree

    Answered . The "arrest" does not violate his probation. Committing the offense that leads to the arrest violates the probation. Whether it will lead to a revocation depends on a number of factors. It will almost certainly be investigated by the PO.

    Probation means you have already been convicted of a crime. A judge decided that you did not need to be imprisoned to protect society, but you are subject to being searched or locked up at any time if someone thinks that decision might have been wrong. You have one foot in the jail cell already!

    When talking to clients considering probation, I often compare it to being like moving back home with a step-parent who doesn’t like you. That step-parent gets to set your hours, tell you who your friends are, tell you where you can and cannot live, and talk to your boss at work. If he/she thinks you are breaking a rule, you can be put into jail until a decision is made. It is a significant change in your liberty.


    If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.

    Thank you.

    --- Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin
    http://addbalance.com

    --- Facebook Page
    http://www.facebook.com/CriminalDefenseMadTown

    --- Talking to the Police - Advice from Lawyers and Police
    http://addbalance.com/police.htm

    --- Miranda Rights (and Wrongs)
    http://addbalance.com/miranda_rights.htm


    DISCLAIMER:

    Confidential information should not be disclosed in this Internet forum.

    I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

    If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

    Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

    This AVVO Answer is provided for general educational purposes only.

    Click on the “more” link below for more important information about the answer and AVVO.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for... more
  7. Joseph Peyton Lea III

    Contributor Level 11

    2

    Lawyers agree

    Answered . Yes, an arrest will definitely serve as a basis for a violation of probation.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,819 answers this week

3,136 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,819 answers this week

3,136 attorneys answering