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View Full Version : Violation of Misdemeanor Probation (Florida)


Surfer113
Jun 9, 2009, 05:37 PM
All right, I am located in Indian River county in Florida and I recently violated my probation (VOP) for a positive urine test. I had been arrested for misdemeanor possession of Marijuana and on my test I came up positive for marijuana when my level was at 55 ng/ml which is pretty slight considering a positive test is anything over 50 ng/ml. This test was my last test after 6 months and I should have been released from probation because I had up to a year of probation with 6 months early termination if I didn't violate. I also was given a withhold of adjudication at my initial court date when I was put on probation. I am a two time offender and had recently completed the Youth Drug Court program successfully so unfortunately my record is all but clean even though the charges were dropped through the drug court program, they still appear to the judge. When I violated I turned myself in and was allowed to post bond the next morning because I needed to in order to graduate high school and since then have started an out-patient rehab program and have had clean drug tests every week except for the one right after my violation. I am going to college at the university of south Florida and plan on continuing counseling and staying clean. Now my question to you guys is: What do you believe my sentence will be.

I have heard everything from:

Having my porbation extended with possible additional terms

To 30-10 days in jail plus extended probation

Getting charged with the crim, having my withhold of adjudication taken away and being done with it.

I'm doing everything I can to move on with my life and get away from drugs but I'm just wondering what the judge is going to think about the steps I've taken and what he'll probably sentence me to.

Fr_Chuck
Jun 9, 2009, 05:48 PM
I would expect not to get off probation at 6 months since that was depending on staying clean, so expect it to go on for the rest of the year.

After that don't expect to get the withhold of adjudication since that was also dependent up on staying clearn

And you could be put in jail for up to 6 months ( the rest of your probaton time) but most likely they will merely continue your probation for full term

Surfer113
Jun 10, 2009, 02:41 PM
No I know I won't be getting off in 6 months, had that chance but ed it up.

Fr_Chuck
Jun 10, 2009, 04:40 PM
And to be honest, it is often a "dice" throw, which means the judge can do almost anything, will the judge be in a good mood or bad, did he fight with his wife before coming to court, even those can be factors. Did the person being tried before you, curse the judge out ,

excon
Jun 10, 2009, 04:50 PM
Hello S:

It's not like you robbed a bank or anything. You got high. It ain't good, but it ain't the end of the world either. At least I hope that's the way they look at.

They SHOULD just extend your probation and monitor your drug use a little tighter. Notice I said SHOULD.

excon

excon
Jun 10, 2009, 05:54 PM
Hello Padre:

Comments on this post: Fr_Chuck agrees: and figure ways to add fines, or fees or probation costs for you to pay.

It's SOOOO true. To make rehabilitation and probation a PROFIT center is disgusting!

excon

Fr_Chuck
Jun 10, 2009, 06:06 PM
Side track I used to work for a private probation company, we charged 30 dollars a month "probatoin fee" on top of the fines and other money they had to pay the courts.

It was against our best interest to revoke anyone's probation, we lost money doing that, So we were glad to see probation extended to make more money.

Surfer113
Jun 13, 2009, 07:10 PM
All right so I saw my P.O's recommendation today and it said.

10/15 day work program in lieu of jail time
Continued rehab
And reinstatement of probation

How strong are these recommendations and what exactly is a work program?

Fr_Chuck
Jun 13, 2009, 07:36 PM
Judge will normally do what PO asks for.

Have no idea what your "work program" is, you should have asked, here you would be doing community serivce, picking up trash, paiting at the park or other things