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Does the State Attorney Offer Plea Deals in Probation Violation Hearings? ~ Chosen as “Best Answer” by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     For violation of probation, if I get an attorney to represent my boyfriend..can the state make a plea deal before the hearing?  My boyfriend violated by an anonymous call giving her info that… Scroll down to read more!

August 5, 2016 / Michael A. Haber /
Q:     For violation of probation, if I get an attorney to represent my boyfriend..can the state make a plea deal before the hearing?  My boyfriend violated by an anonymous call giving her info that led to his arrest, basically the person said he had weapons. They found some. Is it likely before or during the hearing he will be offered a plea deal? Or if it doesn’t look good on him will they just stick to their guns? Never been thru ANY thing before. I don’t know how this works.

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.

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3 lawyers agreed with this answer

Nick Jay Dorsten
Nick Jay Dorsten
Criminal Defense Attorney – Clearwater, FL
William W Housley
William W Housley
Criminal Defense Attorney – Tupelo, MS
Patrick Ryan Barnes
Patrick Ryan Barnes
Criminal Defense Attorney – Memphis, TN

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Best Answer
chosen by asker
Answered . Each independent alleged violation of probation is enough to cause a probationer to be sentenced to the statutory maximum that s/he could have received when s/he was first placed on probation. 

There will be a hearing held. If the judge decides by a preponderance of the evidence that a probationer willfully and substantially violated any material term of the probation then the probationer can (and will) be sentenced from a low of reinstatement to a high of whatever the statutory maximum punishment could have been before the probationer accepted probation. 

Your b/f’s best bet at minimizing his exposure is to have a seasoned and skilled criminal defense litigator efforting on his behalf. Thus… 

My advise: Locate an experienced 813 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 his specific reasonable needs in his 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: 

Please see: https://www.avvo.com/legal-guides/ugc/probation-in-florida–what-it-is-and-how-to-survive-it

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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Asker
Posted about 2 years ago.
That link was VERY helpful. I understand now that it basically can go a number of ways. I’m still a little worried about which route is better…fight it and possibly lose or admit it and get a sentence that may or may not be lenient. It’s a risk but he made a mistake and put himself there…hopefully it all works out. Do you think the judge will take into consideration that we are expecting? Probably not??
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted almost 2 years ago.
If he has a skilled defense attorney then the Judge will have no alternative but to consider it. When I handle these matters it is always with an eye toward the big picture. To the system your husband is a nuisance; to his lawyer he is a person. It is critical for the lawyer to impress that upon the Court. Doing this requires discussion, analysis and proof of the client on all spectrums. Some defense lawyers are more thorough in this regard than others. I hope that your husband’s lawyer handles it as I would. (You might consider calling the lawyer and making sure that s/he knows that you are available to offer help and information – especially in regard to mitigation of sentence, as that is what many VOP’s boil down to.)

Btw – Thank you for the +++ feedback. I am happy to help either way but receiving props from an Asker truly makes the time and effort spent with the while.

Wishing you and yours good luck.

At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


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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Michael A. Haber

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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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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    July 26, 2017

  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

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    April 10, 2017

  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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    April 11, 2016

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