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Blog · October 31, 2014

Probation / Violation of Probation / Probation Hearing / Violation of Probation Hearing / What Can You Expect at a VOP? / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:    What can I expect. From a first pov hearing?



A:  

Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

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Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/what-can-i-expect–from-a-first-pov-hearing–1595191.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

Criminal Defense Attorney – Miami, FL

Contributor Level 20

9 lawyers agreed with this answer

Lori Doganiero Palmieri
Lori Doganiero Palmieri
Criminal Defense Attorney – Tampa, FL
Seda Aktas
Seda Aktas
Criminal Defense Attorney – Miami, FL
Michael Stephen Connelly
Michael Stephen Connelly
Criminal Defense Attorney – Tampa, FL
Paul J Knudsen
Paul J Knudsen
Criminal Defense Attorney – Tampa, FL
Betty Elaine Jones
Betty Elaine Jones
Criminal Defense Attorney – Brandon, FL
Alberto Marino Quirantes Jr.
Alberto Marino Quirantes Jr.
Criminal Defense Attorney – Miami, FL
James O. Thompson
James O. Thompson
Criminal Defense Attorney – Williston, ND
William David Umansky
William David Umansky
Criminal Defense Attorney – Orlando, FL
John Stephen Hager
John Stephen Hager
Criminal Defense Attorney – Miami, FL

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Lawyers agree
Answered . You can expect that 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. We have 45 criminal court Judges in the 305 some of whom are very strict and others who are more tolerant. Either way you can be held without bond pending a VOP hearing.

If you want to increase your odds at staying out of jail, minimizing your jail time and your exposure then hire an experienced 305 area criminal defense lawyer. If you choose to go this alone then you can expect hard luck and t-r-o-u-b-l-e.

I hope this has been helpful and wish you good luck.

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.) 

For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

At Michael A. Haber, P.A. “Its all about reasonable doubt”!

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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