Scared Kid in Jail on VOP in Florida

Daughter on Probation for possession of Paraphenalia; 6 months. While on Prob, she has done 12.5 out of 15 hours comm. svc and paying her fines and court costs for the last couple months. She has yet to begin the evaluation testing. Well, one night she was with her boyfriend and didnt feel good, asked me to come pick her up at his house. She is 18 but didn't have her car. Before we got there, she called and said that the BF had broke her nose. When we got there, she came out and about that time the cops pulled up who had been called by neighbors. (the BF and two female roommates live in apts) When the cops came, my daughter didn't want her BF to go to jail as he is on Prob. too. She kept saying she ran into a door. Well, the paramedics came out and looked at her nose, it had a nasty bump (he head butted her) but not apparently broken. When the cops talked to the BF, he was showing scratches on himself that she appartently had done and with the other girls as witnesses (who were ticked at now possibly being evicted due to the melee), they tried to charge my daughter with felony assault; stating that she barged into the house and just started wailing away. I got ballistic and told the cop that that was crap cause she had been over here all day with them, eaten dinner and was being picked up by us cause she had dirareah and didn't feel good and wanted to come home. Well, he went back into talk to them and came back out and said it was going to be a simple misdemeanor battery on my daughter. (it was in large part against my girl because of the witnesses). Boy was she suprised that it was coming on her! Imagine how we felt too. She started letting them have it on the real story then. It was a great lesson to be able to teach at that point and since that you have to be careful of the friends you choose because they can turn on you in a heartbeat. The BF was ticked she was leaving for the night and they got into it. He head butted her and she got him back. (we will be fighting this one on that particular court date when it comes!)
Now to the cruxt. She informed her PO (who was in another county where the paraphenalia offense occured) that she had been arrested and bailed out. He stated he was putting a warrant out for her arrest. My daughter has turned herself in for VOP because she wants to do the right thing although we don't agree with the battery charge but is now scared what will happen to her. We will be going to court on the 31st where she admits or denies the VOP alone. We are looking at her admitting since she was arrested albeit we don't agree with the charge of battery against her. (would that be wisest?)
With all the jailhouse lawyers in there with her, she is the youngest and she is scared that her sentence on the 31st could keep her in long time.(which we rightfully know it could) Should i consult a Public Defender to talk to them about how she has been paying on the Probation, and doing her Comm. Svc.? We are going to try and speak on her behalf at the VOP hearing and present the comm. svc. papers since she hadn't gotten them to the PO before this happened. Do you think mentioning the fact that we will be fighting the battery charge will help?
By the way, the BF...skipped the state so he won't even be around when she goes to court for the battery charge. Your expertise will be appreciated.

She did herself a disservice by lying to the police about what happened.

She should consult a criminal defense lawyer before deciding how to plead.

If the boyfriend doesn't show up in court for her battery trial that charge will probably be dismissed, but that doesn't mean she'll avoid a probation violation.

She needs to talk to a public defender; not you.

Thank you for your counsel. I spoke with someone today about the battery charge who said that maybe we should talk to the DA in our county where this happened in, about the fact that the BF fled the state and if they would still be persuing charges? If not,that possibly they may do some "no (?) fault" legal form stating that since the victim is not available for questions or witness they will not press charges.Then the judge issues orders to have the charges dropped. Since this is in another county from where she had her first charge, (if by some miracle this would happen at all), we could take whatever the form from the judge to her Parole Officer and ask that "because the underlying charge causing her violation of probation was dropped, what could we do. It was also suggested that we could talk to the DA in the other county that charges were dropped, what can we do to get her out and back on probation, if possible.

It sounds doable to me but I am not the expert and this was someone in some know. What are your thoughts, if you don't mind.

I was also informed that she may want to reconsider the plea of "admit" on the VOP hearing since that can't ever be recanted. (I have seen you all discussing this in another forum too). If she goes instead for "deny" on the VOP charges, she will then be given another court date, thus staying in jail a bit longer but with an opportunity to talk to a Public defender. I would imagine and we could find out more about fighting the Battery with him/her. (we were thinking "admit" since she did get in trouble, but we are going to fight the battery charge. If she "admits" wouldn't that make it seem like she was also guilty of the battery?)

Question...I see you each stated that she should talk to a public defender or a criminal defense lawyer, how does she do that from jail? When she had first appearance they asked if she had a job, how much she had in savings etc...she has nothing (frankly, neither do we). I don't know and she didn't really understand if she were appointed a PD or not. Must she wait until the VOP hearing to consult one? I wouldn't believe so because how else would she/we understand how to plea for just the VOP?

She can inquire about getting a court-appointed lawyer next time she goes to court or, quite possibly, from somebody at the jail (assuming they know the court's policies and feel helpful). You could also inquire with the court on her behalf.

Thank you. Another question. If she gets to the VOP hearing before talking to a PD at the jail, does she have to admit or deny the VOP before talking to him? Or can she just ask the judge right off to speak to a PD before her plea?

Would admitting to the VOP charge also admit guilt in the Battery charge?

The battery charge is what got her in violation.

Thank you for your answers.

If she requests a lawyer in advance of the court hearing, she should be able to talk to her lawyer in advance of the hearing. Inquire with the court about its procedures for appointing lawyers.

I am not going to advise her as to the possible effect of a plea, where I don't even know what she would be admitting. She needs to talk to a lawyer.

Thank you and I understand. I will make sure she asks again about it...she has filled out paperwork to see a PD.

I will also follow up with the PD office about how the procedure works too.

She turned herself in on the 21st and still has not got a court date. Her paperwork did not get filed in time to get the Oct 31st court date so now she is in till mid November.

I was told that the courthouse staff is moving around their offices as well as the Sheriffs dept who moved to a different building so now I have to try and track down the paperwork to at least get her on the mid November court docket before the NEXT deadline passes. In the mean time I am trying to keep a positive face on for her and not show my concern that her paperwork is floating someplace. Monday will tell the tale.

Thank you all for your answers and advice.