i had an emergency out of the country where on of my family members got cancer and i had to fly out and had to stay way longer than expected.. I think i violated this program and dont know what to do.. will i serve time? have to pay a fee? get another chance
Sorry to hear about this problem. Depending upon the Advocate program, how much was completed, what else you might/might not have done to bounce out of the program, and how much time has elapsed, you might be able to complete or even terminate the program successfully. I would call an attorney ASAP to get this sorted out and determine what your best next steps are. With something like this, taking early action is much better than just letting it go. If you are bounced out of the program, Advocate will notify the State and your case will be set for another hearing. At that hearing, you will be likely offered a plea or set for trial. If you hire a lawyer, you might be able to get back into the program without trouble. Depending upon what's happened, it could be no problem or it could be that you would need help with strategy on your case, if you did bounce out. Best of luck and I hope I have been helpful.
All information is provided as general legal information; no attorney-client relationship exists.
If you are bounced out of diversion then you face prosecution on the original charge. If you were required to sign some form of admission or "acceptance of responsibility" as a condition of entry into the program then count on that being admitted in evidence against you.
My advise: Hire an experienced 305 area criminal defense lawyer to assist you in first attempting to negotiate with the State for re-enrollment, and, if that proves unsuccessful, then to assist you in either building a meaningful and effective defense to the charge or negotiating the most reasonable plea possible given your unique facts and circumstances.
Wishing you luck and hoping 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.)
I know some pretty reasonable counselors in the Advocate Program who would be willing to allow you to re-enroll. Next step is to get the State Attorney's office to agree. The judge is mostly out of the picture on this type of situation. With your personal circumstances, I could see it happening, though.
You should get a lawyer to go to bat for you on this.
I hope I've been helpful and Good Luck.
Every case and situation is different and my answers will vary greatly depending on the specific facts of each one. My answers shouldn't be considered complete answers to each question and an answer doesn't establish an attorney/client relationship. Always seek the advice of your own attorney. I am licensed only in the State of Florida and in Federal courts. Florida Bar #337821, Admitted 1982.
If you are in diversion (PTD or PTI), you will normally get a chance to re-enroll once.
All comments made by the attorney are mere statements of opinion and are not intended to be interpreted as legal advice. There is no attorney-client relationship formed as a result of this comment.
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