Hey, I was supposed to have all of my requirements finished by November 11th 2014 one month prior to my year of probation to finish on december 11th, 2014. DUI school, 1000 fine arent complete. I had 1 violation in September. Which led to a 12 week substance abuse class. I am doing my class and on week 7. My officer told me on Nov 12th to have my community service completed by Nov 24th. Of which I will have it done tomorrow and have to go talk to her. Is she extending me or tomorrow I'm going to jail?
First, why is DUI school not done? This should have been done over a year ago. If you didn't do DUI school, then you wouldn't have been able to get a hardship license. Didn't your attorney have you do it fist thing?
It is a violation for you to not finish timely. As far as whether you will go to jail, that is a possibility. I would get the DUI school done ASAP.
A probation officer is without authority to "extend" your probation.
A probation officer doesn't have any authority to extend or terminate someone's probation. They report directly to the judge. More than likely, they will send a violation warrant request to the judge. The PO can make recommendations to the judge on what she would like to see happen to you. Good luck
You PO has no authority to extend or to terminate or to violate you.
All your PO can do is write you up, and if you haven't completed then you can safely bet your rent that she will - because that is her job.
It is the Judges job to A) determine whether ore not you willfully and substantially violated, and then, if so, wheat to do with you.
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 954.
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. A skilled and experienced criminal defense lawyer will be able to piece together a persuasive packet of materials which hopefully will be sufficient to convince your Judge that action in your case is in everyone's best interests.
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.
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While the PO cannot extend nor terminate your probation, you should face the fact that the PO will likely file an Affidavit of Probation Violation. You ultimate goal is to continue going to the class so long as you are not taken into custody over this technical violation. Your case may take a few weeks to get before the judge anyway, so use your time wisely so that you and your lawyer can try to negotiate minimal impact and perhaps even get the affidavit to be held "in abeyance" or put on hold for the final weeks to allow you to finish up the classes. Get ready to demonstrate all your proof of completing conditions so that you are credible and worth leniency. Good luck
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