View Full Version : FL - Probation Questions
ryanmiller1
Mar 10, 2010, 01:34 PM
Backstory.
yesturday I pled no contest to a 3rd degree felony (sale or deliv of marijuana)
yesturday I was sentenced to 18 months probation.
*********
(special conditions)
1. Drug/Alcohol evaluation
2. 50 Community service hours (should have this done in 2 months tops)
3. random urine tests (which are standard with felony papers anyways)
4. Courtcosts (393$ plus 100$)
I am going to pay all my costs when I go in next month April 1st.
I should have at least 25 hours done by April 1st (my next check in)
my questions:
1. has anyone done or know what the Florida drug/alcohol evaluations are?
2. I was told probation will cost 53$ a month plus a 30$ flat fee for drug tests, I also know that I can get off probation early, so if I do get off early would I have to pay for all 18 months of supervision costs? (53$x18 months) or just the months I am on probation?
3. the big question.... I know that I can get my probation terminated early for good behavior and getting everything done that I am obliged to complete. In may I will graduate from community college and have my A.A. and I have already been accpeted into USF and FSU, so I was wondering if anyone knew if I had a good chance of getting terminated when this happens? I know that they can transfer probation. But I've read a lot that people bring in their "achievements" such as keeping a job and other simple easy stupid things.
do you think keeping a job during my entire probation
+
Graduating with a 3.0+ GPA from MCC (getting my A.A.)
+
Gettting accpeted into 2 of Floridas Top universities
+
(I don't have a state deffender, I have a top notch defense lawyer)
THanks a TON GUYS
:) Rye
ryanmiller1
Mar 10, 2010, 02:00 PM
when I go up for my early termination hearing I am going to bring
USF acceptance letter
FSU acceptance letter
A.A. degree
Newest transcript from comm college with a >3.0 GPA
work papers showing I have been employeed from December 1st to x(present)
does anybody know anything else I should bring in?
ryanmiller1
Mar 10, 2010, 02:02 PM
Also would doing extra community service hours look good? Or do you think that's a waste of my time?
Thanks a ton!
Sorry for so many questions,
Just want to get this over n done with and behind me
JudyKayTee
Mar 10, 2010, 02:06 PM
In NY doing "extra" doesn't count. Is it a waste of your time? That depends on what you are trying to accomplish.
You have a 3.0 GPA and have been accepted into top Universities?
Your top notch defense Attorney should be giving you very personalized advice.
Based on your other advice you should take a close look at the terms of your probation. https://www.askmehelpdesk.com/criminal-law/can-you-beat-80-hour-test-455781.html
ryanmiller1
Mar 10, 2010, 02:13 PM
I'm asking if doing extra hours would look good to the judge, since ultimatly it is up to her to let me off early.
Yes in Florida getting accepted as a junior (transfer) is fairly easy as long as you have a 3.0, under 3.0 its hard but once you graduate from a fl comm. College a fl university has to accept you.
My lawyer has given me advice but I'm asking for others with personal experience
JudyKayTee
Mar 10, 2010, 05:13 PM
Listen to your Attorney - he/she knows all the circumstances. We don't.
No, extra hours make no difference to a Judge, at least in NY, where I am.
I'm surprised by your 3.0 in light of your spelling.
twinkiedooter
Mar 10, 2010, 07:17 PM
Just because you request for any early termination there is nothing written in stone that you would be released early. At this point in the game you are getting way, way ahead of yourself. 18 months for a felony 3 is basically a slap on the wrist. A few years ago you would have gotten at least 5 years probation and some county jail time.
The probation monthly fee won't have to be paid unless you "use" the services for the month.
And doing "extra" community hours would be meaningless as it certainly won't impress Ms Judge either way.
And, FYI, most judges are not impressed with the fact you attend college. They've seen it all in Florida. I lived in South Florida for 25 years and worked in many different criminal law offices. You may or may not be asked to attend your termination hearing.
Your high dollar attorney should be answering your questions on this. He should have told you that you need to successfully complete everything the Judge has ordered and have completed about 3/4th of your probation to even begin to ask for an early termination and then by the time you have your termination hearing you more than likely will be off probation.
You also need to remember that you can't get into any other trouble with the law while on probation... nothing, no drinking, drugging, domestic violence, anything period. You cannot miss any appointments or report days to your PO if you are to do this in person as there are no excuses albeit being dead or in a coma in the hospital as the PO won't play your game.
Fr_Chuck
Mar 10, 2010, 07:44 PM
First does the Air Force know about this conviction, that could change everything about you going into service, you will have to get a exemption for this now.
And normally they will not allow you in at all on probation. So you will have to get it over before you could go into military.
Even the conviction could hurt acceptance to a university.
And normally you will not get off probation before at least 1/2 of your sentence to 2/3
ryanmiller1
Mar 10, 2010, 08:24 PM
I have nothing to do with the airforce, don't know where you got that.
I don't have a convict, its being withheld adjudication or something. (not a convicted felon, I can still vote, etc)
I've already been accepted to the universities, they cannot deny you for a criminal history, they can only deny you for lying on your application.
Also my lawyer said that 50% is the normal not 75%, but ill be moving (to tally or tampa) in August. So I was hoping to get off then, instead of them transferring my probation
I don't see how doing extra comm. Hours would not help my chances. They sentenced me to do them, why wouldn't they like me to do extra?
Also... I don't care if my grammar isn't perfectly perfect on the INTERNET.
ryanmiller1
Mar 10, 2010, 08:28 PM
Also I don't know how a 19 y.o kid with an A.A. and being accepted to 2 universities doesn't look good to the courts.
When I was at my plea hearing there was about 15 other people that went before me and 2 or 3 of them had their GED.
Fr_Chuck
Mar 10, 2010, 08:58 PM
Sorry, got two posts confused, another probatoin person was in air force, his posts where so similar
Community service, they will not care if you do extra, they merely want a box checked, did you do it or not, not how much, just did you do what was asked for.
And doing extra means nothing to the court, just meeting their conditions.
If you think they will see more are better, you know nothing about law enforcemnet, courts and government employees.
The college, you may be surprised, it is good of course to go to college is great, but so much depends on a judge, to some, they will look at it and go, where he is so smart he should have know better,
And always let your attorney "sell" you, if you try and do it, often it comes out wrong as you thinking too highly of yourself.
ryanmiller1
Mar 11, 2010, 09:39 AM
I did not violate. LOL! I went in for the 1st time after court on Tuesday. I couldn't have violated yet because they didn't pee test me, even though I've been clean since sept, when I was arrested, since I live with parents who don't even let me leave the house.
I'm more looking for people with experience,
If I violated I wouldn't be on the computer id be in jail
ryanmiller1
Mar 11, 2010, 09:40 AM
OK and a question I don't have an answer to is, what is a drug evaluation?
JudyKayTee
Mar 11, 2010, 10:35 AM
It's testing to determine if you're using, what, how much, how recently.
Duh.
excon
Mar 11, 2010, 10:49 AM
ok and a question i dont have an answer to is, what is a drug evaluation?Hello r:
In my state, it's an evaluation by a professional drug counselor that most likely includes testing. It'll determine how much and what kind of treatment might be needed. The courts use these evaluations to order residential treatment, out patient programs, classes, drug testing, or any tool that might be in the courts pocket.
You pay for it, too.
excon
ryanmiller1
Mar 11, 2010, 04:24 PM
Thanks,
That will be no problem for me then, because I haven't smoked in over 6 months, and have been passing my tests
Do youknow what kind of test it is?
JudyKayTee
Mar 11, 2010, 08:20 PM
In NY it is urine, hair follicle, occasionally blood.
twinkiedooter
Mar 11, 2010, 09:03 PM
You are so busy asking "what if" questions. Why don't you just start DOING your probation? I'm beginning to think that you somehow figure you're too good to do your probation as you don't have to.
Why don't you ask your pricey attorney what drug tests they do? I'm sure he'd know being in Florida and all. If you haven't been doing any drugs why are you so antsy about a drug test? Makes no sense to me. Only a guilty person or someone who is cheating and still doing drugs would be so obsessed with "what kind of tests" do they use. You can claim mommy and daddy won't let you out of the house all you want, but quite frankly I'm not buying any of it.
And for someone who is supposedly attending college you could have fooled me. Haven't you ever heard of capitalization of letters at the beginning of sentences or using capitalization of the letter "I"?
twinkiedooter
Mar 11, 2010, 09:14 PM
also i dont know how a 19 y.o kid with an A.A. and being accepted to 2 universities doesnt look good to the courts.
When i was at my plea hearing there was about 15 other people that went before me and 2 or 3 of them had their GED.
I haven't the faintest idea just where you think that attending college and being a criminal will impress the judge. It won't and it doesn't. Never has, never will. You pled guilty to a felony 3. The withheld adjudication is only if you successfully complete your probation. Didn't Mr. Pricey Attorney explain that to you? Right now you're a convicted criminal of a felony 3 crime. You are not adjudicated anything at this point. And you won't be able to vote until you get the Order signed by the Judge saying you've been withheld adjudicated. Somehow you've gotten everything all twisted around to where you think you're innocent and just somehow on probation.
Get real, guy, you're presently a convicted felon.
twinkiedooter
Mar 11, 2010, 09:19 PM
Troll alert on OP.
twinkiedooter
Mar 12, 2010, 11:34 AM
You seem to be quite immature when it comes to paying the price for your crime. I find nowhere in your posts that you have learned your lesson. You just keep whining about the 18 months and the drug testing/evaluation.
I find it most remarkable that this is a felony 3 crime and you somehow feel that doing 18 months of probation is too much! Didn't it dawn on you that the Judge could have given you the 5 years I mentioned earlier? As it is the Judge DID cut you quite a break only giving you 18 months and no jail time just a bunch of other "petty stuff" like community service, etc. And now you are whining that you want to only do 9 months as you wish "to get on with your life"! If anything I feel that the Judge won't terminate your probation early as she already cut you a huge break when she sentenced you in the first place! And you're probably going to piss her off or really annoy her by asking for early termination.
Criminal attorneys are notorious for telling their clients such "fibs" as yours told you. Remember, I've been around criminal attorneys for years and know their little "secrets".