I'm on felony probation in Broward County Florida for 4 years. I was in a hit & run 2 months before I got on probation. Today, I got 2 criminal tickets for the hit & run with court dates. I am going to tell my probation officer I was in contact with the police. Is this going to violate my probation? What could happen?
The fact is that while on probation you are not permitted to get arrested, and receiving a criminal traffic citation is both a PTA and a technical misdemeanor arrest.
Whether or not your PO decides to violate you is entirely up to her, but if you fail to report then the odds will exponentially increase, so do the right thing (as you have planned to do).
Further, even if your PO violates you the Judge gets to make the final call on the matter.
All you can do is be straight up and honest and if you get papers then hire counsel.
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? http://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.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
If you committed the offenses PRIOR to being placed on probation, it will NOT violate your probation. You violate probation when you commit law violations DURING probation, not before. However, the State Attorney's Office may be more aggressive in their dealings with you since you committed the hit & run offense while your probation case was pending. I highly recommend you hire an experienced Broward Criminal Defense Lawyer to assist you.
Most likely, this will be a probation violation. The other attorneys commenting are correct. Is your felony a traffic felony? If so (e.g. DUI type of arrest), or you have prior convictions/arrests for hit and run, then you may have bigger problems. However, it's difficult to say exactly what will happen based on what is here. You should hire an attorney as soon as possible to resolve this situation. I'm not saying that as a standard "call an attorney" line on Avvo. I'm saying that because your case requires focused attention and you have a lot at stake. Don't take for granted that just a hit and run will be considered a "minor." LSA (leaving the scene of an accident) is often code for another three-letter offense: DUI. Am I accusing you of that? Certainly not, but understand that prior alcohol-related or drug offenses may suggest that a reason a person left the scene of an accident is due to being intoxicated. An LSA has far softer consequences than a DUI, even in Broward. So, as a defense attorney, I would want to make sure that the arrests after you went on probation are not in any way alcohol or drug related, especially if your felony is similar. Hopefully, this is not the case, but the more similar and/or severe the new arrests are to the case that's on probation, generally the worse it is for you. Hope I have been helpful to you - find an attorney to help you as soon as possible.
All information is provided as general legal information; no attorney-client relationship exists.
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