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Can your Probation be Violated for getting Criminal Traffic Tickets in another County? ~ Chosen as “Best Answer” by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     If I take a plea for criminal traffic tickets can I get a VOP?.  Hello I had a VOP which was dropped but I had some criminal tickets before the VOP which no… Scroll down to read more!

January 27, 2016 / Michael A. Haber /
Q:     If I take a plea for criminal traffic tickets can I get a VOP?.  Hello I had a VOP which was dropped but I had some criminal tickets before the VOP which no one ever noticed.  Those tickets came from a different County.  I remember telling them about receiving theses ticket but they never said a word even during and after the other VOP tickets were dropped.  The new tickets are for driving with suspended license, driving without registration and insurance


A:     Chosen as “Best Answer” by Asker on www.AVVO.com

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.

” href=”http://www.avvo.com/legal-answers/if-i-take-a-plea-for-these-criminal-ticket-can-the-2468550.html#!” rel=”nofollow” style=”border-bottom-color: rgb(118, 123, 124); border-bottom-style: dotted; border-bottom-width: 1px; border-top-color: rgb(118, 123, 124); border-top-style: dotted; border-top-width: 1px; color: #767b7c; display: inline-block; font-size: 11px; line-height: 1.2em; text-decoration: none; transition: all 0.3s ease;”>Licensed in FL

2 lawyers agreed with this answer

Robert Jason De Groot
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Edward E Emrick IV Esq.
Edward E Emrick IV Esq.
Criminal Defense Attorney – Clermont, FL

” href=”http://www.avvo.com/legal-answers/if-i-take-a-plea-for-these-criminal-ticket-can-the-2468550.html#!” rel=”nofollow” style=”color: #006699; text-decoration: none; transition: all 0.3s ease;”>2

Lawyers agree
Best Answer
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Answered . A infraction won;t VOP you, but criminal traffic citations can.

You must disclose them or when they find out (which they almost certainly will) you will not only be violated for receiving the criminal traffic citation(s) but also for failing to disclose it (and, like lying to your parents or spouse, the lie always compounds the crime).

Any violation of probation – technical or substantive – is enough to cause you to be sentenced to the statutory maximum that you could have received when you were first placed on probation minus credit for any jail time that you had already served in the case.

In your case – picking up a new substantive offense while on probation – do not expect any sympathy from either the court or the prosecution. You can expect to be slam-dunked and the only thing which will stand in between you and a state prison sentence is a skilled and experienced criminal defense attorney.

There will be a hearing held. If the judge decides by a preponderance of the evidence that you willfully and substantially violated any material term of your probation (much less multiple terms) then you can (and will) be sentenced from a low of reinstatement to probation to a high of whatever your statutory maximum punishment was before you accepted probation minus credit for any jail time that you had already served in the case… … and then, if he’s found guilty on the new substantive offense he faces concurrent sentencing for the new case.

Your best bet at minimizing your exposure is to have a seasoned and skilled criminal defense litigator efforting on your behalf. Thus…

My advise: Locate an experienced 407 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.

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-…

I hope 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.) less
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Posted about 12 hours ago.
But why they didn’t notice because I had violation before during the time I was going through court for these criminal tickets but they didn’t add another v.o.p
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Posted about 12 hours ago.
And I told them about it before they switch my probation officer
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted 36 minutes ago.
Just because they can violate you does not mean that they have to violate you. And just because they have not caught it yet (noticed the charges) does not mean that they won’t.  They can (and will) “run” you all the way up until your probationary term expires.

Many times IF you have minor criminal traffic (say a violating an eye glass restriction) vs. a major one (like a DUI) then you won’t get violated, but where you have voluntarily and timely reported them (i.e. an outward display of respect and integrity for the PO, the law and the Court), oftentimes such responsible behavior mitigates against what many consider to be relatively minor offenses.  However, you can also always be violated, and your PO does not need to do it immediately, so don’t get too comfortable.

Again, a local lawyer can follow-up with your PO and confirm or prepare for any eventuality.

Btw, tyvm, for the +++ feedback. It is greatly appreciated.

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!


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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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