Violation of Provation Misdemeanor charge Domestic violence case

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Violation of Provation Misdemeanor charge Domestic violence case

There was a warrant for my arrest on a 10 year old case for violation of probation on a Misdemeanor charge Domestic violence case , I never reported with my probation officer from the get go . I went back with then my girlfriend and we went back to live in Miami Florida for 2 more years . I was arrested in Miami for this pending case a few days ago and I am out on bail rightnow. I was told by the Miami police department that I had to contact the city of Orlando orange county courts to get a court’s date because this criminal case was from there which I did the very next day of my arrest .My main concern is what is going to happen there once I show up in court I don’t live in Orlando and I don’t have anyone there my entire life my wife my dauther my job is in Miami . What can I do and What can I expect to happen once I show up there in court shell I have someone there in court to speak on my behalf please tell what can I do ? Thank you

Asked on June 16, 2009 under Criminal Law, Florida

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

There are several issues at play here.  First, what was your entire sentence for the domestic violence charge?  Was it strictly probation, or was there a period of incarceration that was suspended and then a period of probation that began in lieu of the incarceration?  If you have time hanging over your head from a suspended sentence, the prosecution could decide to attempt to make you serve it.  On the other hand, it is also within the prosecution's discretion to allow you to continue with the probation that was initially ordered.  Moreover, violation of probation is a separate crime, so you may suffer additional penalties for that.  Given the fact that there is probably at least a risk of incarceration, combined with the fact that you do not live in the immediate Orlando area, I highly recommend you consult with and/or retain a criminal defense attorney that practices in Orlando.  By doing so you will be taking a large step towards obtaining the best possible resolution of your Violation of Probation charge, in addition to potentially mimizing  the amount of times it will be necessary to personally travel to Orlando each time your case appears on the docket, since it is possible that your attorney, once hired, will be able to appear on your behalf on some occasions.


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