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What will happen if someone continues to violate felony probation? She has vop in 2 counties and is waiting arraignment

New Port Richey, FL |
Filed under: Felony crime

Vop is in 2 seperate counties and she has already violated at least twice. How many times do you violate before they send u to prison?

Attorney Answers 2

Posted

It all depends upon the Judge and the circumstances of the violations. There is no set minimum or maximum on this sort of thing. If the Judge thinks she's been getting away with it for too long, then she's see some jail time. If not, or if there are extenuating circumstances, then she'll be put back on Probaton again.

Good luck.

You may call our office at 516-248-6600 or send an email to us at Ted@Thelawteam.com. This answer does not form an attorney/client relationship with anyone and any answers do not constitute direct legal advice and should not be followed unless and until you have spoken with an attorney of your choice.

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Posted

In violation of probation cases, the judge had three options upon finding that there has been a willful and substantial violation of probation: (1) continue the probation, (2) modify the probation with additional conditions which might include jail time, house arrest, or an extension of probation, or (3) terminate probation and give the defendant any sentence she could have received on the original charge, which could include community control, jail, or prison time. If she has violated twice, under the Criminal Punishment Code this could increase her total sentencing points and cause her to be in a prison sentence range, but this depends on a number of circumstances. Most judges will lose patience with someone who violates probation twice and would likely conclude she will fail again, so they would terminate her probation. Because she is appearing in two different counties in front of two different judges, even if one judge deals with her leniently the other judge may not. She needs to consult immediately with her lawyer and address the issue of her defenses and mitigating her sentence, because it is likely that she is facing prison time.

My response to your question does not create an attorney-client relationship, nor does it create any obligation for me to represent you or for you to hire me to represent you. For additional help with your problem, you should consider promptly consulting with an attorney with whom you will have a confidential attorney-client relationship.

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