i violated probation with a new charge for driven on suspended, i have all the documents of the classes i've tooken to get my license, I have a valid license now. I have all my negative drug screens from the programs including probation, but my po is recommending jail time, is it possible i could avoid jail time?
It is possible that you could avoid jail time, but it will be an uphill battle. Although the fact that you now have a valid DL is extremely helpful for your new law offense- and may result in the State agreeing to lower your Driving While License Suspended charge down to a No Valid License charge. However, that will not have as big an effect on the VOP, because the judge in that case is less concerned with what the offense was and more concerned with the fact that you committed another crime while you were already on probation. You should definitely contact an experienced criminal defense attorney who can try and convince your probation officer that you will be successful on another term of probation. If your probation officer agrees, often times the State and the Judge will go along with it because they believe that your PO knows you best.
Yes, it is possible. Other factors that may be important, are you employed? Why were you driving? Was it an emergency? At the time that you were stopped for the driving offense, would you have otherwise have been able to obtain a valid DL? Obviously, your original charge was probably a drug charge hence the drug screening and Florida takes driving offenses very seriously. You might want to consider hiring an experienced lawyer to handle your VOP case, especially since jail is being recommended. You can call me for a free consultation if you like, I cover the Fort Myers area.
You should really retain a criminal defense attorney. You could possibly avoid going to jail with the appropriate motion and presentation of evidence of a valid driver's license. Of course that depends on what your previous criminal charges were. Good luck.
B. Elaine Jones, Esq.