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  1. #1

    Default Probation Violation, Habitual Offender

    My question involves criminal law for the state of:Florida
    I really hope you can help me I have a pretty messy situation..... you see I am a habitual offender for driving on suspended license and after receiving the habitual I did it again, in the mean time while waiting for my court date I moved into a recovery house, after a couple months I finally went to court and the recovery house director came and spoke on my behalf and told judge how well I was doing and what his program is all about and what it offers, the judge really liked the sound of the place so she furlough a 9 month jail sentence to his recovery home with time served instead of jail time... ok well 9 months past it was almost a year, come to find out I violated probation, and that I was suppose to be on probation for a year, they violated me for non payments and fail-yer to report for 3 months... now I am very confused I did my 9 months and even more than that and all of a sudden I am violated for probation!!?? I just dont know what to do or how to handle it or what my options are, one thing I was told was public defenders go into 2 different groups one is felony and other is misdemeanor and that I had a felony lawyer who didn't have any knowledge of my misdemeanor therefore didn't inform me of any other requirements for me to do besides my furlough sentence, I just thought the mail in reports were for my 9 month sentence, I was not aware of me still having to stay on probation or that I was even on probation to begin with, I am guilty of not paying off my restitution but besides that I feel their is a big mix up on everything else.. please by the grace of god steer me in the right direction on what to do.... thanks for your help in advance

  2. #2
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Probation Violation, Habitual Offender

    No mix up. When your case was adjudicated, you were given your order and told to report to a probation office. You may have been told that an officer would get intouch with you. Regardless, your attorney should have reviewed what just happened in court and set you in the right path.

    Once you signed your order, you probation started. It could have been that the court had your last known address prior to you switching recovery homes. Regardless, if the probation office hasn't seen you, then a violation will be entered. That's not to say that your probation will be revoked. It only serves as a means to inform the judge that their has been a breach of the signed contract. You and your attorney will have a chance to explain it to the court and hopefully get back on track.

  3. #3

    Default Re: Probation Violation, Habitual Offender

    I see your point and understand were your coming from, but understand probation was never discussed at all they wanted to give me 9 months in jail and the judge decided I would be better off at a recovery house for the 9 months, it wasn't till about 3 months later I revived a letter telling me I had to keep a mail in report once a month... And that I owed money for the beginning of my sentence I really thought it was their way to keep track and make sure I did my 9 months at the recovery place... Not that it was a separate issue all together, so they are trying to say I had 12 months mail in report probation and nothing was ever said about the furlough 9 month sentence witch I thought would have been the main thing.... I knew their would be issues about not paying my restitution but shouldn't the 9 month sentence be separate from the probation because I finished that with no mess ups and they are acting like it is all together, the judge said and I quote " your nine month jail sentence will be furlough to the recovery house with time served from the arrest date"(witch was already 3 months in) their for were did this 12 month probation come from? The 9 month sentence was for a felony and the probation is misdemeanor mail in report with the salvation army, you see it gets confusing and a little scrambled but to them it seems like they bring up every thing like I didn't even do the 9 months with no complications witch is what the judge said for me to do...

  4. #4
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Probation Violation, Habitual Offender

    I can't answer your question based primarily on the fact that I don't understand how that could happen. From my experience, there should be no way that the court did not inform you of your reporting responsibility. You need to call your lawyer in order to get the answeres you need. I am willing to bet my house that the probation thing was mentioned at the disposition and you somehow missed that provision.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Probation Violation, Habitual Offender

    You didn't pay off your restitution.

    There are a number of ways you could have been violated.

    Honestly, the simple fact that you knew you had to pay restitution by X date should have given you a pretty good idea you were on probation.

    Part of the probation process is your signing the terms and conditions.

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