Violation of probation.

Asked 3 months ago - Kissimmee, FL

Original charge; Possession of cocaine (F) and possession of concealed handcuff key (M).

Probation term: 18 months
12 months of probation served
6 months left.

Cops called for a viloent argument. Cops illegally entered residence while residents were not present. The officers pinged and traced cell phone and pulled over the caller with the suspected other party involved in the arguement. An officer had a gun pulled out of its holster and demanded the passenger a male to get out of the car. Illegally searched and arrested for concealed weapon, a misdemeanor. This caused a violation of probation. He was held in Osceola county for 29 days, the case was closed due to no information filed. He was transferred to Orange county for the VOP. Will the dropped charges be valid against the VOP? Ty

Attorney answers (6)

  1. Aseal F Morghem

    Pro

    Contributor Level 14

    6

    Lawyers agree

    Answered . This all depends on the actual written facts against the probationer. Although the main charge was not filed, a violation of probation hearing has a lower standard of proof. As my colleague suggested, the defendant should hire a criminal defense attorney for proper representation. Best wishes.

    The hiring of an attorney is an important decision that you should undertake with careful considerations. The use... more
  2. Michael T Mackhanlall

    Pro

    Contributor Level 13

    3

    Lawyers agree

    1

    Answered . Your boyfriend or whoever your asking this question on behalf of, will definitely need an attorney. I am in orange county VOP court all the time!! and I see the prosecutors ESPECIALLY in felonies, will do anything to throw a defendant in prison, not county jail. Its local office policy. They can very well proceed on the case even if the state decided not to bring charges. In fact in a VOP the burden is much much lower on the state, making it easier to convict the defendant. Ask the defendant in jail and he will tell you the same thing, as I am sure his fellow inmates are discussing with him. If he scores prison on his score sheet, then its that more serious. Get competent counsel immediately. he caught a break they no filed his case in osceola.

  3. Thomas G. Briody

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . Needs to consult privately with lawyer. Asking question like this is unlikely to produce good answer, and allegedly unlawful police behavior may not be. Probation violation standard lower than at trial. Probationer has serious problem that private lawyer, not AVVO, is in best position to address.

    The response I have provided is general in nature, and does not create an attorney-client relationship. My... more
  4. Alberto Marino Quirantes Jr.

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Although the defendant has a good shot, without a lawyer, he may not prevail and is subject to up to five years in state prison.

    The best thing you can do for him is to get him a criminal defense attorney to review this and fight this as soon as possible.

    The violation of probation or not simply be dropped because the underlying address was no actioned.

    If this answer helped you, please be so kind as to mark it "helpful" or "best answer". This would be greatly... more
  5. Daniel Lee O'Neil

    Contributor Level 18

    2

    Lawyers agree

    Answered . Getting a good criminal defense lawyer on the case ASAP will be the best option, as advocacy definitely helps in matters like these. Best of luck

    Statements posted on the Avvo Q&A section are not legal advice. No prudent person anywhere at any time should ever... more
  6. Justin Gary Hausler

    Contributor Level 16

    Answered . I agree with my colleagues. Especially in Orange County, the state will go forward with the VOP because the standard of proof is lower: a preponderance of the evidence. They don't need a conviction on the case that was dropped. The state just needs to show that it was conduct that violated the terms of the probation. Get a consultation ASAP.

    Please understand that the information given is not to be construed as legal advice. More information would be... more

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