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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

  1. 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.

  2. 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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