I was put on probation for 2 felonies that occurred in Florida, and it was transferred to New Hampshire. I recently got a DWI, and my NH probation officer says he isn't violating me, and he isn't notifying Florida about it until the new DWI court case is over. So if Florida wants to violate me when this is over, will I have to go back to Florida? And if I do have to go back, would I have to be in jail in FL for the remainder of my probation or would they just make me finish probation there?
I am in NH right now but I put Florida as my city and state in the question because I figure maybe some Florida attorneys have experience with probation transfers out of FL that got violated.
DUI / DWI Attorney
If Florida finds out that there has been probable cause that you committed a new law violation, such as DWI while on probation you will very likely be violated. If your probation has been terminated before a violation is submitted then you may be okay. If your probation officer is stating he isn't violating you, that is a good thing but I would be cautious of that as it is not common they just "don't violate you when you commit a new law violation" typically it is an automatic violation. If you are violated you will have to answer to the violation of probation charges in Florida. An attorney would be able to help you sort through the violation, work with the prosecutor and try to get you a bond for the violation of probation so you do not have to be in jail while the violation is pending. Under Florida law, you are not entitltled to a bond on a violation of probation, so it would be discretionary if you did have a bond. You definitely should seek the advice of an attorney in both Florida and NH to determine what is the best way to handle your cases.
4 lawyers agree
Criminal Defense Attorney
If your probation officer does violate you then you would be extradited back to Florida if the Judge requests it. Anything can happen with the violation sentence. You can be sent to prison or reinstated or your probation can be modified with added conditions. You should get an attorney lined up here in florida to deal with the VOP if it hits.
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