I've never been in trouble with the law. Got min for the dui.
Reclassifying this under criminal. You need to seek a local criminal defense attorney familiar with probation violations because you are facing the penalty you avoided by being placed on probation. Kind regards.
My answers to questions are for general purposes only and do not establish an attorney-client relationship. Please consider hiring an attorney.
Yes you can. Although this is a "technical" violation (meaning that you were not re-arrested for a new crime) it is a violation nonetheless.
Being on probation is an alternative to incarceration. It is a gift of sorts, albeit it is given by an Indian giver who can take it back at any time (the alternative being jail). It behooves you to remember that at all times while serving your probationary period. It may help to think of your time on probation as walking on a tightrope. Stray just a little to either side, lose your concentration or balance even for a moment and you fall. However, instead of landing on the ground you land in jail or prison.
That said, violations of probation (VOP's) are very different than substantive (new) cases. The terms and conditions of probation make it such that any material and willful violation can result in a no bond hold, a bench (not a jury) hearing (trial) with lax rules of evidence, admissible hearsay and a reduced burden of proof (a "preponderance of evidence" - or "more likely than not"). In the circumstances that you've outlined (a technical) it really depends upon your Judge. In the 305 (where I primarily practice) we have 45 criminal court Judges, some of whom are very strict and others who are more tolerant. I expect that the same holds true in the Naples area.
My advise: Locate an experienced Naples 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. Your odds at a favorable outcome will likely increase, exponentially, with the assistance of a skilled and experienced criminal defense lawyer who is efforting at moving Heaven and Earth on your behalf.
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:
Please see: 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.)
Most likely, probation will submit a warrant affidavit. Judge will issue a VOP warrant. You will be brought in, may or may not have a bond.
Take my advice, secure legal representation immediately.
Basically, you can be taken right to jail and there might be no bond.
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.
Your probation officer will submit an affidavit for an arrest warrant to the Judge that placed you on probation. The Judge will review the affidavit and most probably sign it. You should periodically check the warrants section of the Sheriff's Office website to see if the warrant becomes active. Once it is active, you are required to turn yourself in. Violation of probation warrants are usually no bond, meaning you will not be released until you go in front of the Judge, which could take weeks in some counties. If you retain an attorney, he/she could file a motion to withdraw the warrant and dismiss the violation before you are arrested. Some judges allow this and then at the motion hearing will address the warrant and violation of probation. The Judge could give you a slap on the wrist and place you back on probation, give you additional terms for probation, or sentenced you to jail if he find a willful and substantial violation. Consult a local criminal defense attorney to find out more about the Judge you are in front of and the likelihood of jail based on your violation.
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