Thursday, August 4, 2016

Does the State Attorney Offer Plea Deals in Probation Violation Hearings? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     For violation of probation, if I get an attorney to represent my boyfriend..can the state make a plea deal before the hearing?  My boyfriend violated by an anonymous call giving her info that led to his arrest, basically the person said he had weapons. They found some. Is it likely before or during the hearing he will be offered a plea deal? Or if it doesn't look good on him will they just stick to their guns? Never been thru ANY thing before. I don't know how this works.




A:     Chosen as "Best Answer" by Asker on www.AVVO,com


Licensed in FL



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Answered . Each independent alleged violation of probation is enough to cause a probationer to be sentenced to the statutory maximum that s/he could have received when s/he was first placed on probation. 

There will be a hearing held. If the judge decides by a preponderance of the evidence that a probationer willfully and substantially violated any material term of the probation then the probationer can (and will) be sentenced from a low of reinstatement to a high of whatever the statutory maximum punishment could have been before the probationer accepted probation. 

Your b/f's best bet at minimizing his exposure is to have a seasoned and skilled criminal defense litigator efforting on his behalf. Thus... 

My advise: Locate an experienced 813 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 his specific reasonable needs in his 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: 

Please see: https://www.avvo.com/legal-guides/ugc/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



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Asker
Posted about 2 years ago.
That link was VERY helpful. I understand now that it basically can go a number of ways. I'm still a little worried about which route is better...fight it and possibly lose or admit it and get a sentence that may or may not be lenient. It's a risk but he made a mistake and put himself there...hopefully it all works out. Do you think the judge will take into consideration that we are expecting? Probably not??
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney - Miami, FL
Posted almost 2 years ago.
If he has a skilled defense attorney then the Judge will have no alternative but to consider it. When I handle these matters it is always with an eye toward the big picture. To the system your husband is a nuisance; to his lawyer he is a person. It is critical for the lawyer to impress that upon the Court. Doing this requires discussion, analysis and proof of the client on all spectrums. Some defense lawyers are more thorough in this regard than others. I hope that your husband's lawyer handles it as I would. (You might consider calling the lawyer and making sure that s/he knows that you are available to offer help and information - especially in regard to mitigation of sentence, as that is what many VOP's boil down to.)

Btw - Thank you for the +++ feedback. I am happy to help either way but receiving props from an Asker truly makes the time and effort spent with the while.

Wishing you and yours good luck.



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