If I take a plea for these criminal ticket can they file a v.o.p on me.. Or do the other county notified them I took a plea
6 attorney answers
If you received the tickets prior to being placed on probation than they should not violate you. However, you need to report any ticket to your PO. A DWLS is a criminal traffic offense and is (standing om its own) a basis for a violation. It does not matter if it was in a different county.
You can be violated for a civil traffic ticket, even speeding, if you did not notify your probation officer that you had contact with law enforcement. The ticket itself would not violate you; it would be the failure to inform your PO.
Did you get these tickets before you were placed on probation? If so, they cannot be a basis for a violation of probation.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Driving while your license suspended is a misdemeanor offense in Florida and will violate you if the charge stands. You need to get a good criminal attorney who can negotiate something to drop the dwlsr charge and avoid a v.o.p.. If it can't be avoided my colleague has sufficiently explained what a violation entails. Consult an attorney quickly.
A infraction won;t VOP you, but criminal traffic citations can.
You must disclose them or when they find out (which they almost certainly will) you will not only be violated for receiving the criminal traffic citation(s) but also for failing to disclose it (and, like lying to your parents or spouse, the lie always compounds the crime).
Any violation of probation - technical or substantive - is enough to cause you to be sentenced to the statutory maximum that you could have received when you were first placed on probation minus credit for any jail time that you had already served in the case.
In your case - picking up a new substantive offense while on probation - do not expect any sympathy from either the court or the prosecution. You can expect to be slam-dunked and the only thing which will stand in between you and a state prison sentence is a skilled and experienced criminal defense attorney.
There will be a hearing held. If the judge decides by a preponderance of the evidence that you willfully and substantially violated any material term of your probation (much less multiple terms) then you can (and will) be sentenced from a low of reinstatement to probation to a high of whatever your statutory maximum punishment was before you accepted probation minus credit for any jail time that you had already served in the case... ... and then, if he's found guilty on the new substantive offense he faces concurrent sentencing for the new case.
Your best bet at minimizing your exposure is to have a seasoned and skilled criminal defense litigator efforting on your behalf. Thus...
My advise: Locate an experienced 407 area criminal defense lawyer, engage in a meaningful consultation and get yourself some advise which is legally sound and has been custom tailored as possible to meet your specific reasonable needs in your unique case.
In the interim you might consider taking a look at my Avvo Legal Guide on surviving probation / CC in Florida as it contains a great deal of information on the subject and may prove to be helpful to you. For your convenience a link follows:
Michael A. Haber, Esq.'s AVVO Legal Guide on Probation in Florida: What it is and how to survive it? https://www.avvo.com/legal-guides/ugc/probation-in-florida--what-it-is-and-how-to-survive-it
I hope that I have been helpful in answering your question.
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It depends on whether those tickets are civil or criminal. If they are criminal, entering a plea can violate your probation. You need to speak with an attorney to review the tickets to see if they will violate you.
This information is for general purpose only and does not constitute legal advice or create an attorney- client relationship.