Probation Violations in Florida

[endoftether]

My question involves criminal law for the state of: Florida

My son is being held in Jail on probation violation. Long story which I will try to shorten. While on proabtion for a petit theft he left the county and got rearrested for something else. He was held in jail in another county while waiting to be seen. He was there for over 40 days and then the case was dismissed. Due to being on probation he could not be released and so eventually he was transported back to his own county jail. He is charged with violation of probation for these reasons;

leaving the county without permission
being rearrested
not doing his community service
not paying restitution fees
not seeing his probation officer

can anyone tell me what is likely to happen?

Will he see a public defender?
Is he eligible for bail
Will he have to serve any more jail time

Thanks for any help or advice you can give.

[PTPD22]

Will he see a public defender?

I'm not sure if he is eligible for a PD in FL for a probation hearing or not. A probation hearing is different than a trial in many respects. A probation hearing is an administrative action, not an adjudication. FL may not provide PDs for administrative actions. You son has already been adjudicated and sentenced. Just some or all of that sentence was suspended in lieu of probation. Now, he has violated probation. So, he is subject to the full sentence that was previously suspended, not a new sentence for fresh charges...not saying that is going to happen, but it is possible.

Is he eligible for bail

Probably not. He will likely be held at least until his hearing.

Will he have to serve any more jail time

Most likely. Like I said above, probably at least until his hearing. After that is up to the judge. He is subject to up to the full jail sentence for his original conviction.

[endoftether]

Thanks for your answer.

Just to clarify: his sentence was 18 months probation including 50 hours community service and restitution payments.

The jail time I was referring to was the 40+ days already spent in jail in another county while waiting for him to be charged or not. They dismissed that charge.

My question is what are the options the judge can give him for not following the probation terms.

Thanks

[viol8te]

No action: continue probation. 2. Recommittal and starting him over. 3. Additional conditions to his pre-existing probation. 4. Prison time that the original charge called for. 5. More intensive monitoring.