Legal Question in Criminal Law in Florida

My boyfriend is now in jail for a violation of probation in 2010/2011 he was arrested for posestion of methodon and child neglect because he had his daughter with him when he had the pill and they took him he had already did time surved but earlier this year (2012) he went to court for the same case and they sentenced him 5 years probation or 5 years jail he took the probation but he was sentenced to take parenting classes twice a week 50$ each time his public defender said to us that if you have problems with the payments give me a call and I will talk to the judge and we will work something out so we tried to contact her several times and even went down to the court house to see someone about the payments but know one wanted to help us if you missed 3 classes it was VOP and he did because of the payments we didn't try to contact his probation officer because he already violated and we even talked to her about the situation and all she said was she don't care it's not her problem. She issued a worent and they came and got him Friday 13, 2012 he had to apply as a felon when we went to court after they gave the sentence. There is NB. So what should I do? How long will he be in there? Should I get a lawyer? We live in Broward Florida. Please help I'm 10 weeks pregnant with his child and I need to know what I should do!


Asked on 7/19/12, 9:12 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Your boyfriend has fallen victim to the classic, "If I do nothing, it will go away" instead of addressing the problem directly with his PO. The court is not going to have sympathy because you missed classes. On the other hand, if you put in writing to your PO about how you can't afford payments and specifically explain the reason why, then you should not be held in violation because your violation must be deemed willful. You absolutely should get a lawyer, who could get him out of custody potentially sooner. Furthermore, the attorney can show the court how this was not a willful violation.

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Answered on 7/21/12, 9:36 am


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