If a person has an FTA and also a Violation on his prbation and it’s been 2yrs will he go to jail?

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If a person has an FTA and also a Violation on his prbation and it’s been 2yrs will he go to jail?

Asked on March 24, 2009 under Criminal Law, Florida

Answers:

Robert Pellinen / Law Offices of Robert Pellinen

Answered 12 years ago | Contributor

The first thing you should do is get the judge to recall the warrant, but usually you have to appear if it's a felony. A misdemeanor can be done by an attorney without your personal appearacne.  But the probation violation is a different matter and depends on what the violation is. If the offense is minor and you have a good excuse and the probation officer didn't do anything for two years when you've been available, that might be considered.  But the important thing is to request a formal hearing on the probation violation and do this before the police pick you up and the judge sets no bail. You'll be in custody for a month or more while they do a probation report, check your records etc. If the violation involves money, i.e., failure to pay a fine, that has nothing to do with your rehabilitation or serve any probationary purpose and should not be the basis for the violation. If it's a misdemeanor violation of probation, have an attorney take of this and deal with the district attorney and trial court.


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