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?

Asked over 1 year ago - 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. Amir A. Ladan

    Pro

    Contributor Level 16

    7

    Lawyers agree

    Answered . 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... more
  2. William David Umansky

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . 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... more
  3. Larry Thomas McMillan

    Contributor Level 15

    4

    Lawyers agree

    Answered . Yes it could be a violation.

  4. Matthew Phillip Konecky

    Contributor Level 15

    3

    Lawyers agree

    Answered . 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. David Joseph Braun

    Contributor Level 2

    3

    Lawyers agree

    Answered . 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... more
  6. Eric Matthew Matheny

    Contributor Level 10

    3

    Lawyers agree

    Answered . 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... more

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

Get free answers from experienced attorneys.

 

Ask now

27,450 answers this week

3,042 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

27,450 answers this week

3,042 attorneys answering