Violation of Probation

Bengie_1961 · Mar 21, 2009, 11:40 AM

Quote:

Originally Posted by lilbay

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

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.

Fr_Chuck · Mar 21, 2009, 03:20 PM

Well excon I may challege 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

twinkiedooter · Mar 21, 2009, 07:03 PM

Quote:

Originally Posted by Bengie_1961

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 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.

artlady · Mar 21, 2009, 07:17 PM

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.

JudyKayTee · Mar 22, 2009, 07:33 AM

Quote:

Originally Posted by Bengie_1961

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.

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: http://www.askmehelpdesk.com/relatio...-331716-5.html

Bengie_1961 · Mar 23, 2009, 06:36 AM

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.

dmizell1221 · Mar 31, 2009, 05:25 AM

I just went through this similar situation in Maryland with my fiancŽe. 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.

AmandaCarreras · Mar 31, 2009, 07:52 PM

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

DELPAROLEE · Apr 3, 2009, 10:42 AM

My fianc? 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.

excon · Apr 3, 2009, 12:34 PM

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

Violation of Probation

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