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What happens when I violate probation?

Lakeland, FL |

I recently violated probation for a dirty urine test. It was my third month and the first time I was tested, and I signed a paper in admittance of. My probation officer told me that she is recommending drug counseling and that when Im arrested the worst that could happen is that I will go to first appearance and they will offer me that option or to not and have to wait for a VOP hearing. This happened on the 12th of April and the affidavit wasn't in the system until the 29th. Is she lying or is it really possible for me to go to jail and get out the next day? I've talked to people in the same situation and they say that's not what happens and Ill prolly be in jail for a month. And fyi im on felony probation for misdemeanor criminal mischeif. If that matters any.

Attorney Answers 2

Posted

Everything is relative. Being on felony probation is worse than being on misdemeanor probation, but failing a drug test when you are on probation for something not related to drugs is not as bad as being on probation for a drug-related offense. I assume you are on probation for criminal mischief (damaging or destroying property), but one cannot be on felony probation for misdemeanor criminal mischief (1st degree misdemeanor being any criminal mischief of $200 to $999, and 2nd degree misdemeanor criminal mischief being anything $199 or less).

Other factors that contribute to the resolution of your case include your criminal record (the less priors, the better) and how long you have been on probation and how many drug tests you have "passed." Neither of those bode well for you.

It is impossible to say with certainty what will happen with your case. You may spend 30 days in jail before it is resolved. You may not spend anytime in jail. Without reaching certitude (never a good idea for an attorney to promise or guarantee anything), I could give you a better idea if I knew your probation officer, the judge presiding over the matter, etc. I do not practice in Polk County.

Hire an attorney, or if you can't afford one, a public defender will be appointed.

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Posted

I am on felony supervision for misdemeanor criminal mischief. Being that when the incident first happened it was in felony court because I originally faced 2 felonies and 1 misdemeanor. After a year of court dates and multiple plea offers I accepted one, 2 days before trial, that I plead no contest to 1 charge of misdemeanor criminal mischief, and the other two charges were nolle prosse. The judge adjudicated withheld too. I got messed over though. Come to find out my restitution was pending and they rescheduled the hearing for it 3 times, and had no proof of anything! I should have went to trial! The judge decided $796 restitution. A year later! Anything could have happened in that time! He went and got a estimate from a contractor right before the last hearing. I just got messed over. I want this to be over, and Im not getting into it with anybody, ever again. Our justice system seems so flawed. I never got to tell my side of the story and the "victim" lied and trumped the whole situation. I just should have went to trial. I now know dont trust the police and to have a good lawyer. I went into the whole situation knowing nothing about the courts or my rights. This just sucks. Life I guess.

Posted

The warrant for violation of probation usually has the bond status requested by the Judge. Check the warrant to see what the bond amount is if any. Then at first appearance if you are on no bond hold you can ask the judge to give you a bond. If he doesn't then you will likely stay in custody until a vop arraignment and possibly til the vop hearing until your case is resolved with a revocation of your probation, a modification or reinstatement. Consult with an attorney or the public defender assigned to your case.

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