QUESTION
Can I get in trouble for probation violation when I go to court and have a victims advocate speak for me instead?
Asked on Sep 21st, 2012 on Criminal Law - Florida
More details to this question:
He did not push me. I told the officers that. I hurt myself and called 911. Then I told them never mind, I was ok. They called back and he told them that all was fine. They sent the police out anyway and arrested him. I don't want to admit to the drinking but the police wrote it down.
9 ANSWERS
Thomas Edward Gates
It is not clear what your probation violation was. Yo were never arrested.
Answered on Jun 27th, 2013 at 1:57 AM
Michael J. Breczinski
That depends on the judge and what he thinks of everything that happened.
Answered on Sep 27th, 2012 at 11:03 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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If what you did amounted to a probation violation and that comes out in court, then the courts can charge you with that. If that happens, defend the charges.
Answered on Sep 26th, 2012 at 10:31 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You should take an attorney to court with you. If necessary, ask the court to appoint one for you.
Answered on Sep 26th, 2012 at 10:29 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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The "victim advocate" cannot speak for you. They do NOT represent you. They often represent interests which are opposite of yours. You should have an attorney represent you at any hearing, and ask for one to be appointed if you cannot afford one. Having the victim advocate speak for you is almost as bad as having the prosecutor speak for you. If you care anything about the result of the Probation Violation, you should have an attorney represent you.
Answered on Sep 24th, 2012 at 12:17 PM
Criminal Law Attorney serving Novi, MI
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Law Offices of Stephen A. Barker
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You are not likely to get in any trouble unless the Court thought you had intentionally filed a false report You are likely to find the victim's advocate reluctant to convey an exculpatory message to the Court out of fear that you are doing it under duress. This will be even more of a problem if there have been other incidents involving you or the accused. You will need to be very determined when talking to the advocate and be ready to speak up yourself if necessary.
Answered on Sep 24th, 2012 at 12:16 PM
Leonard A. Kaanta
The victims advocate cannot testify for you, you may be sighted for a probation violation.
Answered on Sep 24th, 2012 at 12:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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This is a bit too fact intensive for a simple answer. Reading between the lines, if drinking was a violation of your parole, you can be violated for doing so whether you testify or not. You have rights not to incriminate yourself. Seek counsel with the details.
Answered on Sep 24th, 2012 at 12:14 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No. If you were the victim of domestic violence, you cannot get in trouble for having the victim's advocate say a few words on your behalf, but they usually do not do that. If you were on probation, and someone committed a crime against you, you cannot get into trouble for calling 911. You might get in trouble for violation of probation if a police reports says you were drinking and probation did not allow you to consume alcoholic beverages. You could also face filing a false police report.
Answered on Sep 24th, 2012 at 12:12 PM