In most cases a new charge--even if it is a misdemeanor--will violate your probation. It is never recommended to plea out to a new charge while on probation without discussing the matter with an attorney and going over the repercussions of a potential vop. The usual course of action is to attempt, if possible, to resolve the vop first, before pleaing to a new charge.
I would recommend consulting with an attorney immediately.
In some cases it can take a few weeks for a vop to kick in--usually the probation officer will send a vop report to the judge who will then decide to issue a warrant or a summons to appear for a court date. Do not think that just because you have not yet been violated that it won't happen--it most likely will. If a warrant is issued on a felony vop, it is often a $0 bond warrant. Still, there are things that can be done. For instance, if you are brought to first appearance, an attorney can argue for a bond to be set.
Once again, contact an attorney immediately. This is not a situation where you want to 'sit back and see what happens.'
You cannot sit back and wait to see what happens here. Unless your probation wants to potentially lose their job, he/she will send a violation report to the felony judge. It will be at the judge's discretion to issue a warrant, or deny it, and what the bond amount will be. Don't be delusional and just hope you will not be violated.
Hire an attorney immediately to navigate you through this the best way possible.
In your situation, the probation officer will typically send a violation report once he or she learns of your new arrest. This will typically occur within 30 days of your new arrest. Once that occurs an affidavit will be sent to the Judge who presides over your felony probation. In my experience, a warrant will almost certainly be issued for the violation of probation at that time.
You should absolutely consult with a criminal defense attorney as soon as possible. The State must only prove a violation of probation by a preponderance of the evidence, as opposed to the reasonable doubt standard in a normal criminal case. In addition, the State can call the probationer as a witness. The consequences are enormous, so you should definitely find a good lawyer to assist you with this.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
The answers above are excellent. In addition, you have an obligation to report your new arrest and conviction to your felony probation officer and the failure to do so is a violation of condition 1 of your felony probation. Both Judge Merritt’s pretty understanding, but the State Attorney in Brooksville may not be so understanding.
Look, let’s just assume that you are going to be violated. It is going to happen. So what to do about it now….
1. If you have community service hours due, get them ALL DONE NOW! This can only help you to show you are working to get this probation done.
2. If you owe any money at all (such as costs of supervision or court costs)…PAY THEM NOW! Borrow money if you have too…again, the purpose here is too show that you are taking your probation very seriously, and that you have potential to succeed if only given the chance and the opportunity!
3. If you are required to attend any classes, sign up for them now.
Do everything you can, right now, to knock out every single term and condition…so that you can show that you can do this probation. Both Judge Merritt’s (Jr. and Sr.) are reasonable guys. And the State Attorney’s are not unreasonable either. It is doable, but you control your own fate at this point.
If you need help, give me a call. I do a lot of work in Brooksville. My office number is 813-985-4068.
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