Wednesday, January 27, 2016

Can your Probation be Violated for getting Criminal Traffic Tickets in another County? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     If I take a plea for criminal traffic tickets can I get a VOP?.  Hello I had a VOP which was dropped but I had some criminal tickets before the VOP which no one ever noticed.  Those tickets came from a different County.  I remember telling them about receiving theses ticket but they never said a word even during and after the other VOP tickets were dropped.  The new tickets are for driving with suspended license, driving without registration and insurance

A:     Chosen as "Best Answer" by Asker on


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Answered A infraction won;t VOP you, but criminal traffic citations can.

You must disclose them or when they find out (which they almost certainly will) you will not only be violated for receiving the criminal traffic citation(s) but also for failing to disclose it (and, like lying to your parents or spouse, the lie always compounds the crime).

Any violation of probation - technical or substantive - is enough to cause you to be sentenced to the statutory maximum that you could have received when you were first placed on probation minus credit for any jail time that you had already served in the case.

In your case - picking up a new substantive offense while on probation - do not expect any sympathy from either the court or the prosecution. You can expect to be slam-dunked and the only thing which will stand in between you and a state prison sentence is a skilled and experienced criminal defense attorney.

There will be a hearing held. If the judge decides by a preponderance of the evidence that you willfully and substantially violated any material term of your probation (much less multiple terms) then you can (and will) be sentenced from a low of reinstatement to probation to a high of whatever your statutory maximum punishment was before you accepted probation minus credit for any jail time that you had already served in the case... ... and then, if he's found guilty on the new substantive offense he faces concurrent sentencing for the new case.

Your best bet at minimizing your exposure is to have a seasoned and skilled criminal defense litigator efforting on your behalf. Thus...

My advise: Locate an experienced 407 area criminal defense lawyer, engage in a meaningful consultation and get yourself some advise which is legally sound and has been custom tailored as possible to meet your specific reasonable needs in your unique case.

In the interim you might consider taking a look at my Avvo Legal Guide on surviving probation / CC in Florida as it contains a great deal of information on the subject and may prove to be helpful to you. For your convenience a link follows:

Michael A. Haber, Esq.'s AVVO Legal Guide on Probation in Florida: What it is and how to survive it?

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) less

No photo
Posted about 12 hours ago.
But why they didn't notice because I had violation before during the time I was going through court for these criminal tickets but they didn't add another v.o.p
No photo
Posted about 12 hours ago.
And I told them about it before they switch my probation officer
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney - Miami, FL
Posted 36 minutes ago.
Just because they can violate you does not mean that they have to violate you. And just because they have not caught it yet (noticed the charges) does not mean that they won't.  They can (and will) "run" you all the way up until your probationary term expires.

Many times IF you have minor criminal traffic (say a violating an eye glass restriction) vs. a major one (like a DUI) then you won't get violated, but where you have voluntarily and timely reported them (i.e. an outward display of respect and integrity for the PO, the law and the Court), oftentimes such responsible behavior mitigates against what many consider to be relatively minor offenses.  However, you can also always be violated, and your PO does not need to do it immediately, so don't get too comfortable.

Again, a local lawyer can follow-up with your PO and confirm or prepare for any eventuality.

Btw, tyvm, for the +++ feedback. It is greatly appreciated.

For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


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