Violation of Probation or technical violation?

Asked over 3 years ago - North Fort Myers, FL

My oh my, I feel duped. Today as my last meeting with my PO after 3 yrs of felony probation, I have to take a drug test, and knowing I would not pass I let my PO know. She stated that I still have to take the test, and sign the paper stating I used marijuana on such a date. Also, i have a VOP from a year ago for not meeting my financial responsibilites, and to take a class, and was my probation was modified for another year. I paid everything off and went to class many months before I was to be off probation. This was my first test in over three years, and I was scared. Now she says that it will be VOP, not a technical because I violated a yr ago, but would ask her supervisor. I have a lawyer meeting Tuesday. What are the chances I would do jail time?

Attorney answers (2)

  1. Eric J Trabin

    Contributor Level 19

    Answered . As I understand it, you had a VOP and so your probation was extended another year, and now there is another VOP for the dirty urine test. Is that right?

    Even a "technical" violation is still a VOP. It is impossible to say the "chances" whether you'll do jail time, but it is a very real possibility considering that not only is it a violation but it is a second one. A lot will depend on the PO's recommendation.

    This is not to be considered legal advice nor does an attorney-client relationship exist.
  2. Aaron J. O'Brien

    Contributor Level 13

    Answered . If I understand correctly, this is a second violation. The first time your probation was modified and extended.
    This time the allegation is that you admitted drug use and a likely positive urine screen. This is not a new law violation and is again "technical" but that distinction has limited application (in youthful offender sentences).
    The chances of jail time go up significantly on a second violation. On the bright side, you've done fairly well on probation for three years. Too many factors go into what a potential sentence might be to answer here.
    Lastly, I must note that I all too often I hear about a violation and a jail or prison sentence after a minor financial violation and a lengthy (here 50% of the original time) extension of the probation. I wish you had consulted a lawyer back then!

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