Parole, Probation T

[Holley]

My probation officer violated me. After the whole Year.I was a high risk pregnancy and on bed rest the whole time. Every month when I would check in I'd ask her about an extension. Seeing as we both new it would have to be extended. Instead of her extending it she tricked me to Come check in and had me arrested.

 

[army judge]

My probation officer violated me. After the whole Year.I was a high risk pregnancy and on bed rest the whole time. Every month when I would check in I'd ask her about an extension. Seeing as we both new it would have to be extended. Instead of her extending it she tricked me to Come check in and had me arrested.

That sucks, but probation is nothing more than virtual incarceration.

Your PO has the right to seek your revocation, and a judge will ultimately decide.

You should say nothing, get your medical defense ready, and ask for a lawyer.

This can ONLY be settled in a court of law, not on an internet forum.

Don't say anything more here, or anywhere else.

Talk about this ONLY with your lawyer, when you HIRE one, or the court appoints one to represent you.


A violation of probation proceeding is much different than being charged with a new crime. Because you have already been sentenced to probation, you have less protection than if you were charged with a new crime. Some examples are:

No statute of limitations; Can't wait out the VOP,
No right to a bond while awaiting a hearing,
No possibility of bond if you fall under Florida's Anti-Murder Act,
No right to jury trial in a violation hearing,
Hearsay is admissible against you,
You can be forced to testify against yourself, and
Guilt does not have to be proved beyond a reasonable doubt.

As you can see it is much easier for the State to prove a violation.

There are two types of probation violations you can commit:
Technical Violations of Probation

A technical violation is any violation of either your general or special conditions of probation.

Examples of technical violations include:

Changing your address without permission,
Failure to pay court costs or fines,
Missing a probation meeting,
Being late to a probation meeting,
Not completing court-ordered classes, etc.

Substantive Violations of Probation

Substantive violations of probation occur when you commit a new criminal offense.

Importantly, even if the new criminal charge is dismissed or beat at trial, a prosecutor can still try to "prove-up" the offense at a VOP hearing. And, unlike a criminal trial, the burden of proof is only a "preponderance of the evidence" and there is no right to a jury.

Defenses to Violating Probation

Defenses to a charge of violating probation may include:

Actual Innocence,
Full Compliance, or
Inability to Prove Violation (Insufficient Evidence)

Penalties for Violating Probation

If you violate your probation a judge can do one of three things:

Reinstate your Probation,
Modify your Probation, or
Revoke your Probation.

Importantly, if a judge revokes your probation, Florida law allows the judge to impose the maximum penalty for the charge you were placed on probation for.

Example

You are placed on two years of probation for Grand Theft and you violate by not completing an Impulse Control Class (Theft Deterrence Class).

A judge could legally sentence you to five years in prison; even if you complied with every other term of your probation.


You might want to do some reading. Educate yourself, then clam up.



http://www.ehow.com/list_6813688_list-probation-violations-florida.html

http://www.lawserver.com/law/state/florida/statutes/florida_statutes_948-06