QUESTION
What can I do with a failure to comply charge?
Asked on Nov 09th, 2011 on Criminal Law - Florida
More details to this question:
Back in April me and my ex girlfriend broke up. She said I was harassing though communications. I was charged with that and found guilty. Now I got a letter saying I was failing to comply and issued a summons to appear in court. Because I guess she said she had probable cause. How can I prove I didn't contact her? If she knew my password to my stuff online can I get that dismissed. It is also my first offense, Also am I looking at any jail time or another fine? I Haven't even called her or texted her since April.
19 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Your situation is complicated and you need a lawyer.
Answered on Jul 08th, 2013 at 2:17 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You'll need to defend yourself.
Answered on Jul 08th, 2013 at 2:06 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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A violation charge is very serious and jail can likely result with poor planning.
Answered on Jul 08th, 2013 at 2:05 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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It's hard to predict exactly how it will go. Your best bet is to hire a good lawyer to represent you. Things that you may feel are a good defense may not be what he or she would do to represent you and often time just having a lawyer gives you an edge with the judge. You have to be careful because a violation of probation (VOP) is not like a plea bargain where if you don't like what the judge offers, you can withdraw the plea. With a VOP, you are stuck with the judge's ruling. If he says jail, off you go. If you can't afford a lawyer, ask for a court appointed lawyer, but don't do it on your own!
Answered on Dec 27th, 2011 at 7:57 PM
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They will file a Motion to Revoke your probation and that's where jail time comes in. You really need to hire the best attorney you can afford.
Answered on Dec 22nd, 2011 at 6:13 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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It sounds like you are charged with a violation of probation. The question is not what you can prove, but rather, whether they can show that you violated one of the terms of your probation. I would suggest that you retain an attorney to represent you so that you can properly investigate and address these charges.
Answered on Dec 22nd, 2011 at 12:31 PM
Criminal Defense Attorney serving New York, NY
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Raiser & Kenniff, PC
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There is no failure to comply charge. This is likely a criminal contempt charge. You identify the defense to your charge. Because of the prior you may have to go to trial but ultimately the prosecutor will have to prove it was you who sent the texts or emails.
Answered on Dec 22nd, 2011 at 12:31 PM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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The burden of proof is on her, if you haven't already done so change the passwords to all of your online accounts. I would ask her to provide the ISP address of any communications sent to her and have your ISP address available to show the court.
Answered on Dec 22nd, 2011 at 12:18 PM
You should consult with an attorney who can assist you in this matter. Obtaining your phone or email records may show where the contact was from.
Answered on Dec 22nd, 2011 at 10:07 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Since the burden is on her, hire a good lawyer to counsel you and cross-examine her to avoid possible jail.
Answered on Dec 21st, 2011 at 9:20 PM
Criminal Defense Attorney serving Norwalk, CA
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Law Offices of George Woodworth and Associates
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If you haven't contacted her at all since April, get a good attorney to gather your evidence together and go beat her with the facts in Court. Don't fail to go talk to the Judge about this as that will only make it worse.
Answered on Dec 21st, 2011 at 9:10 PM
Your question needs clarification. It sounds like you were charged with violating a restraining order and placed on some form of probation with a condition that you not contact your ex-girlfriend. She now claims you violated the condition by contacting her. If it is your word verses hers you could be in trouble. Look at the date and time in question and determine if you have an alibi for that date and time. Witnesses to support your position will be essential. You should contact a competent attorney to assist you. The attorney may be able to negotiate something with probation to avoid a violation.
Answered on Dec 21st, 2011 at 8:11 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It depends upon the language of your order. In some instances, if you have violated a court ordered no contact, it could be a felony. And yes, you could do jail time. Phone records would certainly be one place to start. I would suggest that you retain an attorney. The prosecutor would be compelled to produce any evidence that they have that could be used against you, as well as any evidence they might have showing you did not commit the crime.
Answered on Dec 21st, 2011 at 8:10 PM
Daniel Kieth Martin
Just for clarification, if you were found in contempt for the first offense and now it has been alleged that you are in contempt again then it would not be your first offense it would be your second offense. Fortunately you do not have to prove that you are innocent there must be sufficient evidence to convince the judge that you were in contempt.
Answered on Dec 21st, 2011 at 8:09 PM
It is difficult to tell you what will happen with your case without reviewing the evidence. Jail is a possibility. Violating a restraining order is a class 1 misdemeanor and carries up to 6 months in jail. You could also be fined up to $2500.
Answered on Dec 21st, 2011 at 7:57 PM
You face a potential violation of probation. The burden for the prosecutor is very low, because you're on probation. In other words, it doesn't take much to violate you. My advice is hire an attorney to go to court to do a PV hearing. If you go by yourself you are toast.
Answered on Dec 21st, 2011 at 7:53 PM
Your question is somewhat confusing. Are you facing a probation revocation complaint or a new charge for violating a no contact order (or both)? Unfortunately, it might be difficult to prove you didn't contact her, but it is the prosecution's burden to prove that you did. Depending on the strength of the allegations and the effectiveness of your defense attorney, it is possible to get the charges dismissed either pre-trial or through the trial process. The key is making sure you have effective representation. Jail and a fine are possible outcomes for the types of offenses you are describing, but jail is unlikely if this is truly a first offense, unless this is a violation of probation, making jail a more likely outcome if you are found guilty.
Answered on Dec 21st, 2011 at 7:52 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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The simple but sound answer is that you need to see a good criminal defense attorney. It may be that there are new charges filed, or the notice is for an alleged violation of probation. Either way (or both), you should have an attorney help you. There really is insufficient information here to give you a more specific answer.
Answered on Dec 21st, 2011 at 7:50 PM
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Do not talk or communicate with her or her friends. Retain a lawyer who knows what they are doing in these type of cases. Get records to show you did not email or call her. Get the records to substantiate she knew your password (why you didn't change your password will be questioned).
Answered on Dec 21st, 2011 at 7:45 PM