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My old man he on 2 years house arrest and 5 years probaction but he got a vop do u think thay going to reinstate him

Madison, FL |
Attorney answers 3

Best Answer
Posted

I agree with Attorney De Groot, we need to know what the original charge was and what the violation was for example, was it a dirty urine, did he commit a new crime etc. Give us more information to work with and we can better advise you about what we think will happen based on our experience. Good luck.

Sincerely,
B. Elaine Jones, Esq.

Asker

Posted

no he was not home when thay came by

Asker

Posted

he is a felony

Posted

Whether his probation is revoked and he goes to prison for the amount of time he was originally facing is up to the judge, based upon the facts of the alleged violation. We do not know those facts or his original charges. So, it is impossible for us to say whether he might be reinstated to 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.

Posted

Violations of Community Control / House Arrest are more serious even than violations of probation. He's more likely to draw jail time or a prison term than if he just violated probation.

My colleagues are right, we need more information about the underlying offense, the nature of the violation, his prior criminal history and his criminal punishment guidelines scoresheet to take a better guess.
Get him a lawyer!

The information provided is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida. There is no attorney client privilege created in this communication. Do not send questions which are confidential in nature by either this venue or via email. Personal questions should be asked in person or via telephonic conference only. You should only ask theoretical questions of a general nature.

Asker

Posted

we got a letter saying where he was and what he was doing he was helping somebody that had sugery that's whay he wasin home

Alberto Marino Quirantes Jr.

Alberto Marino Quirantes Jr.

Posted

I'm sorry but I do not know what the underlying charge is and thus it is hard for me to give you any kind of opinion. Also we don't know if he violated the community control house arrest portion for the probation portion. However, your letter is a good start. Make sure you work with an attorney and that you and any witnesses appear with him in court in case the state attorney wants to interview them or they need to testify in mitigation before the judge. If you find this answer helps you, please be so kind as to selected as the best answer. I hope it all works out for your old man and I am sorry to hear that you're going through this trouble.

Asker

Posted

can thay bring your old charges up eveytime u go to court

Asker

Posted

his charges were sale of canbis that's how he got the 2 years house and five years probaction

Alberto Marino Quirantes Jr.

Alberto Marino Quirantes Jr.

Posted

Unfortunately, they can and will bring them up. Can't tell you whether they will reinstate him or not, but on community control violations, they usually seek prison time. Your excuse letter for him might help. Work with his lawyer. Sorry about that...