Parole, Probation Probation Violation in Florida

[Bworms1980]

In 1998, when I was 18 I was charged with petty theft under $50. I was given 6 months probation and a fine, and i had to take a class. I was unable to pay the fees. This happened in Fort Myers, FLorida. Now 11 years later I live in Orlando, FL , and about 5 weeks ago, the police knocked on my door.

I was arrested, paid the $500 bail and now I'm still waiting for the Fort Myers County Clerk to tell me when I have to appear in court. They keep telling me to check back next week.

What I would like to know is what potential charges may I recieve for probation violation.

The misdemeanor petty theft is the only trouble I have ever gotten into. Could I recieve probation again, or could I recieve jail instead? I will have to travel from Orlando to Fort Myers and would like to know so that I can have everything in my life organized before I go to court.

I know that everything depends on the judge, but based on what I have said above, can anyone tell me what are the chances that I would get jail time?

 

[mightymoose]

I would expect that they will just have you pay the fees that you owe and be done with it. I am really surprised you were arrested. You should have just been issued a new citation and given a date to appear in court and take care of it.
What stinks is that you are out the $500 now. Personally, I would have waited it out in jail so they would have to get me in front of the judge. Jail is not a fun place to be though... to each his own.
Don't sweat it. They won't do anything but take your money.

 

[Bworms1980]

I would expect that they will just have you pay the fees that you owe and be done with it. I am really surprised you were arrested. You should have just been issued a new citation and given a date to appear in court and take care of it.
What stinks is that you are out the $500 now. Personally, I would have waited it out in jail so they would have to get me in front of the judge. Jail is not a fun place to be though... to each his own.
Don't sweat it. They won't do anything but take your money.

Hi Mightymoose,

Thanks for the answer, The officer who took me in was very nice. He told me that in Orlando i more than likely wouldn't go to jail, but he said that he doesn't know how they would handle it in Lee County.

Everyone I've spoken to have told me to get an attorney but I can't afford one. I tried to talk to a public defender but they wouldn't even speak with me.

The lowest price I've recieved from a lawyer is $800 that he wants upfront and I can't even get close to that in another week. I've been trying to find out if I really need to have an attorney because the only option I have is to pawn my engagement ring, and I really don't want to have to do that.

As for the $500 bail, I don't know anything about the system, and I was just told the amount of bail, no one told me about the other option of just waiting to see a judge.

The other problem is that this took place 10 years ago in Fort Myers (Lee County) and I now live in Orlando (Orange County), so I'm still trying to figure out if I talk to an attorney there or where I live. Of course that's a moot point since I can't afford any of the ones I've spoken to.

 

[mightymoose]

Personally... I would not get a private attorney. You have already been to court and put on probation, etc etc... attorney time is over... you would be wasting money.
When you go to court the judge is going to ask why you didn't pay the fees and ask you if you are able to pay them now... work out a payment plan and you will be on your way. You don't need an attorney to do that.... but if you aren't comfortable going into court wihtout one, you can certainly bring one... it will just cost you more. You aren't being charged with a new crime... don't sweat it. It's a ten year old petty offense... the judge won't waste his time with you... just bring a your checkbook to court and you'll be fine.

 

[Bworms1980]

Thanks mightymoose.

 

[Bworms1980]

Update in my case:

Well I went to court today December 28, 2009.

Took 6 hours to drive there and 3 hours waiting for my name to be called. My case lasted less than a minute.

The judge told me that I shouldn't be there. He said that months ago he looked over my case, saw that it was the only trouble I had ever been in as a teenager, and that it was 11 years ago mostly for not being able to pay the fine. He said he had put in for them to simply close the case. However, someone messed up on the paperwork and issued a warrant. He said that I was never supposed to be arrested and I was not supposed to even be there.

Since I had to come they just asked me to pay the $150 owed and $100 for court fees. I paid the $250 and they closed the case.

So in all it was a wasted 15 hours of driving and waiting in court, but I'm glad it's all over.

Mightymoose thank you for the sound advice, I already have a headache just thinking of all the bill money I would have lost by hiring a private attorney.

 

[mightymoose]

Well that really sucks... you never should have been arrested in the first place, and if it had been closed as the judged ordered then you wouldn't have had to pay the $250 either. Stupid justice system!
Anyway, yes... the time was lost and it was a frustrating experience... but was nothing to get worried about