Legal Question in Criminal Law in Florida

States Probation Violation

Not sure where to start, someone close to me is on states probation for driving on a suspended license part of his sentencing was county work days. Recently he went to do one of his weekend county work day and was sent home along with twelve other people due to not having a sack lunch, so was unable to complete the day. He went and seen his probation officer and she violated him for it? So the first question is, is why was he violated for something so minor? Second question will he get time? Sorry for so many questions but third is if he is unable to tend those county work days due to well it being booked for the month them not scheduling him correctly why are they able to violate him for something that is beyond his control. Everything else he has been compliant with and is trying his best to accomplish the work days as well. What can he possibly due to keep from doing any time?

Thank you.


Asked on 1/04/05, 11:20 pm

2 Answers from Attorneys
Adam Frankel Adam Frankel, P.A.

Re: States Probation Violation

Your friend should not be violated if he was following the instructions as given to him and the other 12 individuals.

I am not sure if he will get time - it all depends on whether there is a willful violation of probation found in a violation of probation hearing.

He should speak to an attorney or public defender and explain the situation.

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Answered on 1/05/05, 9:05 am
Valerie Masters Valerie Masters, P.A.

Re: States Probation Violation

In order to be convicted of a violation of probation the violation must be willful and substantial. If this is the only violation it doesnt sound substantial. However, what ultimately happens is the State makes an offer at the court date which can range from a second chance at completing the work days to a jail sentence and revocation of the probation. Of course he can reject the offers and have a vop hearing where he argues the violation was not willful or substantial. I would make sure every payment is up to date and every other obligation done before the court date to put him in the best posture to avoid jail.

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Answered on 1/05/05, 5:27 pm


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