As a real estate agent, W-9 independent contractor, am I required to inform my office that I'm on probation?
3 attorney answers
If I were you I would get your lawyer in front of your Judge ASAP (yesterday) and seek a Court Order directing your PO NOT (caps intentional) to contact your employer.
This is done routinely.
If you do not do that then your PO will (lawfully) contact your employer and you are likely to have a world of problems.
I have just given you the Rx to remedy yoru problem. A skilled and experienced 954 (or 305 or 561 for that matter) area criminal defense lawyer can get your case calendared as an emergency matter within a day or 2 and hopefully walk out of there with the relief that you seek / need.
I hope that I have been helpful in answering your question.
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Whether you report to your broker is up to you and your probation officer. Once the DBPR knows, it will likely file a complaint and advise your broker. Section 475.25(1)(p), Florida Statutes, states that it is a violation of law if a licensee "[h]as failed to inform the commission in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony". In addition, effective October 1, 2009, Section 455.227(1)(t), Florida Statutes, requires that a licensee must report to the DBPR within 30 days after a licensee is convicted or found guilty of, or entered a plea of nolo contendere (no contest) or guilty to, regardless of adjudication, a crime in any jurisdiction. The form for self-reporting is on the myfloridalicense.com website. The direct link is http://www.myfloridalicense.com/dbpr/pro/documents/criminal_self-reporting_document.pdf. It may be best if you let your broker know, as your probation officer appears to be requiring it and you may want to avoid violating probation.
Probation officer typically have the right to verify that you are employed and can contact your employer. While you may be an independent contractor for tax purposes, you are an "agent" of your broker, so the PO can probably contact him without your permission.
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