Parole And Probation Legal Questions

In Florida a defendant is not entitled to a bond for a violation of probation. It seems like the November date is probably your fiance's arraignment.  At that court date the State Attorney's Office will let him know if they are moving forward with the violation of probation.  If your fiance cannot obtain a bond then he will remain in jail until his violation of probation case is resolved.... Read Answer

Much of that is at the discretion of the Probation officer and supervisor handling your boyfriend's case. It is a good thing that he turned himself in, however, for the purposes of sentencing. I recommend that he hire a Public Defender, or that you contact the local bar association for a lawyer referral.  Good luck. ... Read Answer

Anything that helps the inmate present a favorable image of the inmate should be used. An inmate parole package is a useful tool especially when used in conjunction with live testimony at the parole hearing. The things that can be used to help an inmate present a more favorable image are to numerous to mention in this forum. If the resouces allow, an attorney should be retained far enough in advance to allow the attorney time to investigate facts around the case, contact potential witnesses for live and written testimony, legal research (if necessary), help with the creation of the parole packet and coordinate the presentation of live testimony. Just having minor children in and off itself would not be a plus or minus but would depend on how involved the inmate was/is involved in the lives of the children and how this is presented to the parole board.   ... Read Answer

Unfortunately I cannot speak to the laws of a State outside of Florida, but in Florida a defendant's options can be limited for obtaining a bond on an out of State hold.   After a certain amount of time passes where no Governor's warrant is issued or a certain amount of time has passed and the holding State does not come and get the defendant, then an attorney can file a motion for ROR or bond.  If you know someone that has a hold placed on them by another State then you need to contact an Attorney.  Call Largey Law, (352) 253-0456, to speak to an experienced attorney.... Read Answer

A probation officer has a few option as to what he/she can do in regards to a possible violation of probation.  A probation officer can write an affidavit concerning your violation, submit it to a judge and request that the judge set no bond on the violation. Basically that means a judge would issue a warrant for arrest and set your bond at no bond.  A probation officer could also request that the judge set a bond as well.  Your probation officer can also request to have a summons/notice to appear issued rather than have a warrant for your arrest signed and issued by a judge.  The summons would inform you that you need to appear in front of a judge on a certain date to address the violation of probation.... Read Answer

Unfortunately for your daughter parole is not an option. In Florida when the sentencing guidelines were enacted parole was essentially abolished.  If your daughter is serving a sentence that includes a minimum mandatory she may not be entitled to gain time/good time.   Even with a minimum mandatory your daughter may entitled to gain time/good time in certain instances.  With gain time/good time she would still be required to serve 85% of her sentence. Outside of getting involved in work programs or other programs in the Department of Corrections, she does not have options for shortening her currect sentence.  If you have any questions please contact the Largey Law Firm at 352-253-0456.... Read Answer

Any response to what I think someone or organization will do under the circumstances you describe would  be purly speculative and of no real value to you.  I will say law enforcement, at every level, take the sex offense registration requirements very seriously. My experience is that they usually pursue and failures to register.... Read Answer

The maximum penalty or sentence for a violation of your possesion of marijuana probation would be a year in county jail and/or a $1,000 fine. In any violation of probation cases the actual consequences vary depending on numerous factors. These factors include, the amount of time you were on probation, what violated your probation, what you have completed during probation in regards to your probation conditions, your probation officer, etc.  In any probation case you have a right to a violation of probation hearing and the State Attorney's Office must prove to a judge that you willfully and substantially violated your probation. If you have a valid prescription for the drugs in your system then your attorney should argue that the violation should be dismissed. The outcome of your violation could be that the case is dismissed, you are put back on probation, your probation is terminated, you are sentenced to jail time, you could have a hearing and the judge rules that you did not violate your probation, you could have a hearing and the judge determines that you did violate your probation, or you are put on a new term of probation. To determine your best course of action you need to speak to an attorney who can advise you of your best options. Do not hesitate to contact the attorneys at Largey Law, (352) 253-0456, to discuss your case.... Read Answer

When placed on probation in Florida one of the conditions of probation is that you will submit to random drug screens.  Regardless of the charges you are placed on probation for, per the terms and conditions of your probation you will be subject to random drug screens.  Whether your probation officer chooses to test you is up to him or her.  I would suggest you review the terms and conditions paperwork you signed when you reported to probation. ... Read Answer

You have two options if you want to either convert your community control to probation or try to terminate you community control. You can either write a motion requesting your community control be converted to probation, or submit a motion ask for early termination of your case. Your other option is hire an attorney to file a motion with the court asking to convert your community control or requesting early termination of your case. You best option is to hire an attorney to file a motion with the court who will be prepared to argue that you have completed all your conditions and are eligible for early termination.  Your attorney will be able to communicate with probation and the State Attorney in an attempt to terminate your probation.... Read Answer

What you might be facing if you have not completed all the terms of your probation depends on various factors. It can depend on the Judge, the State Attorney's Office, and what you probation officer recommends. You absolutely will benefit from having an attorney that can speak to all the above parties.  The attorney can explain your circumstances to the above parties in hopes of either avoiding a violation or possibly getting your probation extended to complete any outstanding conditions.... Read Answer

Technically, law enforcement officers do not ever have to read you your Miranda rights.  You read that correctly. The situation where Miranda warnings are important is when the defendant makes statements, and law enforcement tries to use those statements against the defendant in court.  Typically, Miranda warnings should be read when the individual is arrested, otherwise subsequent statements by the defendant can be excluded.    THUS, if you made incriminating statements during this incident, there is a possibility that those statements could be suppressed, if the government tried to use them against you. ... Read Answer