Q: What is the min/max punishment for violating probation and running? A friend was on felony probation having plead down to two misdemeanors. He was having some family concerns so he took them to Ohio to be safe but was supposed to report to his probation officer within a couple days. Someone told his probation officer he was in Ohio and they came to get him. He is now being extradited back to Florida. What could he be facing? His probation was 18 months. He did well on it for 7 months before this happened, will they consider that?
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Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/what-is-the-min-max-punishment-for-violating-proba-2397854.html#!” rel=”nofollow” style=”color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
Criminal Defense Attorney – Miami, FL
Contributor Level 20
Answered . If he pleaded to 2 first degree misdemeanors then, once he gets back to Florida he faces two 364 day sentences which could run concurrent with one another.
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”).
My advise: Locate an experienced Daytona Beach 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. Your odds at a favorable outcome will likely increase, exponentially, with the assistance of a skilled and experienced criminal defense lawyer who is efforting at moving Heaven and Earth on your behalf.
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:
Michael A. Haber, Esq.’s AVVO Legal Guide on Probation in Florida: What it is and how to survive it?
http://www.avvo.com/legal-guides/ugc/probation-in-florida–what-it-is-and-how-to-survive-itI hope that I have been helpful in answering your question.
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