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I'm on DUI probation and have to drop randoms, what if my voicemail is full when my PO calls? Can that be a VOP?

Fort Lauderdale, FL |

I'm on DUI probation and am required to drop randoms. What if my VM is full when my PO calls? Can that be a violation?

Attorney Answers 6


  1. If you know there's a possibility of having issues with your voicemail, be diligent in deleting them to keep yourself from violating for such an easily avoidable & foreseeable issue. No one can predict with absolute certainty how a PO will respond, but not being able to reach you could easily cause a problem for you.

    www.LadanLaw.com

    Posting an answer to your question does not create an attorney / client relationship such that you can or should rely on the information provided herein to take action. Instead, it is intended to simply provide you with information. I am not your lawyer and cannot provide you with legal advice unless and until I am hired to do so.


  2. Yes it could be a violation.


  3. I agree with Mr. Ladan. However it appears the real issue is the fact you are afraid to test positive and you believe if you avoid your PO calls you can avoid the random UA. If you are not in counseling, or even if you completed it, I would suggest you get more. If you are doing drugs while on probation, you very well could have a problem.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.


  4. If the probation says they can't get a hold of you, they could consider it a violation. It would be up to the judge to agree and sign a VOP warrant. Do yourself a favor and clear out your voice mail. Don't give the PO any reason to violate you. Review my website to see if it answers any question you may have.


  5. Depends on whether the court finds the violation "willful". If your voicemail is always full and your PO makes a record of it you may have a tougher time at a violation hearing than if your voice mail occasionally fills up.

    This is only general advice based on our reading of your question. Further investigation into your case is necessary to pinpoint the best possible approach for your specific case. Your case may be winnable or it may be better resolved through a plea. Further information and client consultation are critical to making those decisions. Please do not act on our speculative answers without consulting a licensed attorney with experience in this area of the law.


  6. For purposes of probation, failure to appear for a drug test is the same as having a positive drug test. If you had a scheduled drug test and your PO was unable to reach you, you may have a violation pending if he filed a warrant.

    You may want to contact a criminal defense attorney to get in touch with the PO to see if there is a warrant pending and if not, could a warrant be prevented.

    All comments made by the attorney are mere statements of opinion and are not intended to be interpreted as legal advice. There is no attorney-client relationship formed as a result of this comment.

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