How often does a judge agree with a prbation officers recommendations??

Asked over 1 year ago - Cape Coral, FL

I'm on probation for 3yrs. I was charged with Sale & possession of controlled substance. I have completed 10 months of probation, I violated twice. My first violation was for dirty urine, My second vop was for driven on suspended. During the time of my second vop i had a new probation officer, an he is recommending prison time. I have completed my substance abuse treatment program to get my license back, it just didn't go threw the system at the time i was charged with driving on suspended. I have been attending my swafas session an never fail a drug test, an i only have two weeks left of attending. So what do you think the chances are of me getting rein stated, or going to jail??? So one please help me!! Thanks

Attorney answers (7)

  1. Colleen M. Glenn


    Contributor Level 17


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . It's impossible to tell. Every judge is different and the prosecutor will make a recommendation as well. Having a valid driver's license will help your situation. I agree with the other responses that you should contact an attorney as soon as possible. Good luck.

  2. Jonathan Hackworth


    Contributor Level 16


    Lawyers agree

    Answered . It is impossible to estimate your sentence or changes of being reinstated without more information. I would strongly recommend you not post such details in a public forum, like Avvo. You need to immediately retain a criminal defense attorney. Good luck.

    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney... more
  3. Frank Mascagni III

    Contributor Level 20


    Lawyers agree

    Answered . You need a criminal defense attorney ASAP to go over the facts, gather all you paperwork confirming acts taken by you (classes, negative drug tests, etc.) and defend you at at the motion to revoke hearing. Judges look at the file, how you've done on probation, violations, employment, schooling, new arrests, reporting, payment of fees, etc. Most judges rely on the PO report but will listen to your attorney's arguments and submitted evidence. In a close case I advise my client's " to hope for the best, but expect the worst".

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  4. William A. Jones Jr.


    Contributor Level 20


    Lawyers agree

    Answered . The only person who can answer this question is a qualified attorney who has available all of the relevant facts and is familiar with your court system and the probation department. In my experience judges give a great deal of credence to a PO's recommendation. The only thing that will help you avoid that consequence is a good attorney who can effectively present the counter argument. Good luck.

  5. Joseph Cerino


    Contributor Level 10


    Lawyers agree

    Answered . I agree with my colleagues. I have seen judges decline to follow a probation officer's recommendation many times. Consult a local criminal defense attorney as soon as possible.

    The answer to any question is for general purposes only and does not establish an attorney/client relationship.... more
  6. James W Chandler


    Contributor Level 14


    Lawyers agree

    Answered . Judges follow recommendations, some of the time, but of course are never bound by them. The state follows probation's recommendations...some of the time, but of course are never bound by it. There are a number of factors a judge could consider, what was the nature of the violation, what was the violation for, what your scoresheet says, etc. I think you definitely need to hire someone to negotiate with the State.

  7. Mary Catherine Bonner

    Contributor Level 7


    Lawyers agree

    Answered . judges rely on probation officers and their recommendations. that is not to say that it is written in stone, but the judge sees and hears probation officers on a daily basis. If you feel that you have important mitigation, make sure that you present it to the probation officer and have "proof" available for the judge when you go to court.

    of course, you and i are not forming an attorney client relationship. Representation in Florida Courts and... more
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