My boyfriend is on probation and he recently got a VOP for a failed drug test. This is his first offense and he is going to turn hisself in. Since this is his first offense what are the chances that he can get a bound? And if he does what will happen next? I really need help with this as soon as possible...

Hello b:

There is NO bond for probation violation. He'll stay in there till his hearing unless his PO is a nice person.

Did I say PO and nice in the same sentence?? I musta been smoking somethng.

excon

First of all, a VOP is a violation of probation. This is done in the office as far as him acknowledging & signing the violation being assigned a court date. He must, I repeat, must appear for the court date or else a warrant will be issued by the judge. Snce this is his first offense being on probation as you stated, the judge will automatically instruct him to drop again (another drug test), usually the same day. He will be assigned another court date. When the judge is satisfied, he will then have him continue his probation. If under these circumstances he continues to test positive, the judge will give him jail time. Take my advise, he needs to stop drugging yesterday... ASAP. Remember to dress appropriately going to court .

:eek: Incorrect info... know your facts. Probation is misdemeanor and parole is felony. This information is from a former probation counselor in Florida. I know my facts, especially since I sue to counsel & guide probationers as well as initiate process warrants, violations, motions & terminations as well as many other aspects in this field.

Hello Bengie:

Your background isn't important any more than mine is. The law is what prevails here.

However, I want to be clear about what you're saying, because I can't tell exactly. You say that violation of probation is a misdemeanor, while violation of parole is a felony. Is that what you're saying??

I'm not doubting your facts - yet. If they're correct, you'll be able to cite the law that substantiates your claim. If you can't, then you actually don't know your facts at all.

I'm willing to be wrong, though.

excon

If you look up the definition of misdemeanor, it will tell you it is punished much less severely
Than felonies. However, you can be on probation in both instances. There is a major distinction between both. Didn't mean to be harsh in my typing. I do have a family member that is on felony probation. I was a counselor for misdemeanor probations. Trust me, I know what I'm talking about. I had a great rapport with my clients and know my facts. Sorry!

Let me clarify some more. You can be on probation in either areas, however Misdemeanor and felony are two different animals. And some people are on one or both at the same time. I hope this answers your inquiry.

Let me state I am Not a probation officer or involved with law enforcement or the courts I am simply someone who has violated and has her significant other violate a lot of probation
I have NEVER been given any paper to sign and told to go to court when I violated with a dirty urine
I have had one warn me that if it happened again they would in fact violate me and gave me a warning
However once they said you Violated they called me in to meet with them and locked me up while there and if I did not report they came to my home with a sheriff and arrested me.
Neither of us have Ever been given a bail for a violation until AFTER we went for a court review hearing IF we had a lawyer and got the bail review before the Judge who issued the warrant
Most VOP warrants are written without bail at least in the states I have been in
NY, FL, DC, MD
You sat in jail for the 30 days it took to go to court and you went before the judge in MOST cases on a first time they will offer to let you go to rehab If you play their game and do so than you have a chance at second chance on probation
It also depends on how many dirty urine and if original charge was drug related or was violent.
If drug related again try the rehab get a family member to arrange it or have him arrange it before turning self in
If he has a violent record they may stick to their guns and keep him
It really depends on record and PO and Judge
Again these are just My own experiences
Also the whole violation being misdemeanor or felony is not making much sense to me as I did not know it took on a whole new charge?
I was under the impression it went by the original charge that the probation was given for?
Again I am only a previous offender not a officer of the court or schooled in law

Hello again, B:

Ok, I'll drop that part. But, I want to know what you originally disagreed with me about. Do you maintain that there IS a bond for a violation of your probation OR parole??

excon

These questions are arriving too fast... hold on everybody... In my neck of the woods, if you violate your MISDEMEANOR PROBATION, you have to sign for a court date given to you by a probation counselor. A bond is not involved unlless you skip out on the court date, in that instance, a warrant will be issued. On the other side of this coin, if you're already on probation and catch another charge, depending on the circumstance surrounding the situation ( & the arresting police officer) that's another can of worms that could involve jail/bond. In this instance even after this incident, it is still considered a VOP & requires anther court date you must sign for.

I do not have a degree in law & I'm not an officer of the court. I've previously stated my credentials. Now, I do not know which state your incidents took place, however, anyone that is on misdemeanor probation in Pinellas county Fl, this is how it's done.

A felony is a crime punishable by 1 or more years in a state or federal prison (usually can face very long prison sentences), misdemeanor is any other, usually less than a year. This is the difference between those two. It does not take on a new charge, but it depends on the crime which category it will fall into.

Well Excon I may challenge if Bengie knows what they are talking about, since a violation of probation is just that, it can issue a warrant on the violation but in to itself is not a "new charge"

If they committed a crime to cause that violation, then that is a crime, but often it can merely be a violation of the terms of probation.

Probation can be for a felony or for a misdemeanor,

After that point while there is a few places I understand allow a bond for minor probaton violation, almost no place does.

So to answer the OP, there will not be a bond. They will sit in jail till the court hearing. Then the worry if they will be sent to jail ( or prison) or be allowed back on probation.

But if the probation officer violates your probation it is normally done with a warrant for your arrest.

I am sorry Bengie, but in the many states I have worked in law enforcement, I have never seen it done the way you describe

I worked in criminal law firms in South Florida for 15 years and never heard of such practices as supposedly go on in Pinellas County. In Broward County you got a VOP whether misdemeanor or felony and sat your behind in jail until your hearing. At no time did you "sign for a court date" as you put it. You had a warrant out for your body, got caught or turned yourself in, and then you sat in jail until the Judge decided to listen to your side of why you violated.

Kindly cite the particular local rules of procedure for Pinellas County showing this kind of "sign" for a court date.

Probation is a sentence that a judge can give instead of jail or in addition to jail or prison time. Like parole, it has conditions attached. If a person violates the terms of probation, the judge can then give them any sentence the judge could have originally given them, including a jail term.

Again - PLEASE do not sign on and attempt to control the Board. Your "hold on everybody" is WAY out of line.

I question the validity of your posts. You have your own website which answers questions?

For background, has anyone read the other posts? Here's a good one where a rape victim suddenly is at fault for the rape: https://www.askmehelpdesk.com/relati...-331716-5.html

Good Morning. My intent was not to control the board and if it was taken in that manner, I'm sorry. The information I provided is only pertaining to Pinellas cnty Fl. If you question the validity, please call this office, you'll find it is accurate.

I just went through this similar situation in Maryland with my fiancée. He issued a warrant for violation of probation for getting a traffic ticket. He went to his po and turned himself in, when first picked up the warrant was issued as a no bail. We went in front of the judge 3 days later for a "bench warrant" hearing- least that is what I think it was called and the judge then issued a bail for him. Needless to say I posted the bail, went to pick him up and was informed that he was now being transferred to DOC for a detainer for a parole violation. This is when I learned that parole and probation were two different things. Now for parole- there was no bail- and he has to sit and wait for his parole revocation hearing which is scheduled for Thursday. I don't know if this helps, but this was my recent experiences in Maryland for the last two months.

I don't have an answer for you but the same thing happened to my fiancé just a week ago... If you can let me know what happened with your boyfriend? Im trying to compare his case to other, I don't know how to explain it but they've been screwing him over..

My fiancé has also violated with dirty urine in feb. he is currently waiting to have his hearing which we have no idea that will be. How long can they hold you before you have your hearing, is there a time frame. His sentence is up in sept. he was paroled in dec.

Hello D:

It's not a good idea to piggyback on someone's else's thread. It won't get you the best exposure.

I know you didn't know. Maybe somebody will come along and move it shortly.

There is NO time frame for a violation hearing. They can wait as long as they wish. At least his time is counting.

excon