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If i have proof of all the classes i completed such as substance abuse programs an negative drug screens cud i avoid vop or jail

Fort Myers, FL |

i violated probation with a new charge for driven on suspended, i have all the documents of the classes i've tooken to get my license, I have a valid license now. I have all my negative drug screens from the programs including probation, but my po is recommending jail time, is it possible i could avoid jail time?

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Attorney answers 6


You need to hire a criminal defense attorney to represent you. He/she will review all the documents, show a valid license to your PO and represent you on the new charge, and hopefully get it dismissed PRIOR to any hearing scheduled to revoke your probation. Get counsel.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


It is possible that you could avoid jail time, but it will be an uphill battle. Although the fact that you now have a valid DL is extremely helpful for your new law offense- and may result in the State agreeing to lower your Driving While License Suspended charge down to a No Valid License charge. However, that will not have as big an effect on the VOP, because the judge in that case is less concerned with what the offense was and more concerned with the fact that you committed another crime while you were already on probation. You should definitely contact an experienced criminal defense attorney who can try and convince your probation officer that you will be successful on another term of probation. If your probation officer agrees, often times the State and the Judge will go along with it because they believe that your PO knows you best.

Frank Mascagni III

Frank Mascagni III


Wise advice from attorney Jacobs.


I agree with my colleagues. Another important factor is what the charge is that you are currently on probation for. If it is a driving related offense, that certainly would increase the chances of an unfavorable outcome

An attorney/client relationship is NOT established simply by virtue of The Law Offices of Evan M. Kleiman, P.A. answering any questions herein. Such a relationship will only be established by a formal agreement between the parties.


You may have a chance to avoid jail time. Having a valid DL helps. Contact a local criminal defense attorney for a consultation.

The answer to any question is for general purposes only and does not establish an attorney/client relationship. Call today if you would like a free initial consultation.


Yes, it is possible. Other factors that may be important, are you employed? Why were you driving? Was it an emergency? At the time that you were stopped for the driving offense, would you have otherwise have been able to obtain a valid DL? Obviously, your original charge was probably a drug charge hence the drug screening and Florida takes driving offenses very seriously. You might want to consider hiring an experienced lawyer to handle your VOP case, especially since jail is being recommended. You can call me for a free consultation if you like, I cover the Fort Myers area.


You should really retain a criminal defense attorney. You could possibly avoid going to jail with the appropriate motion and presentation of evidence of a valid driver's license. Of course that depends on what your previous criminal charges were. Good luck.

B. Elaine Jones, Esq.

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