Criminal Defenses,

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How can a friend of mine that got violated on his p.o. get help or his p.o. violated him and didnt know she did until the law came for him what can he do about it? If anything. Im just curious

Attorney Answers

5
Michael Haber ·
He can HIRE A LAWYER (caps intentional). Being on probation is an alternative to incarceration. It is a gift of sorts, albeit it is given by an Indian giver who can take it back at any time (the alternative being jail). It behooves you to remember that at all times while serving your probationary period. It may help to think of your time on probation as walking on a tightrope. Stray just a little to either side, lose your concentration or balance even for a moment and you fall. However, instead of landing on the ground you land in jail or prison. That said, violations of probation (VOP's) are very different than substantive (new) cases. The terms and conditions of probation make it such that any material and willful violation can result in a no bond hold, a bench (not a jury) hearing (trial) with lax rules of evidence, admissible hearsay and a reduced burden of proof (a "preponderance of evidence" - or "more likely than not"). In the 305 (where I primarily practice) we have 45 criminal court Judges, some of whom are very strict and others who are more tolerant. I expect that the same holds true in the Lice Oak area. My advise: Locate an experienced Live Oak area criminal defense lawyer, engage in a meaningful consultation and have your friend get himself some advise which is legally sound and has been custom tailored as possible to meet his specific reasonable needs in your his case. His odds at success will exponentially increase with a skilled and experienced criminal defense lawyer efforting on his behalf. In the interim you / he might consider taking a look at my 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 him. For your convenience a link follows: Please see: http://www.attorneyqna.com/legal-guides/ugc/probation-in-florida--what-it-is-and-how-to-survive-it Probation in Florida: What it is and how to survive it? http://www.attorneyqna.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.
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Julie Rendelman ·
He should consult a lawyer to see if there are any ways to fight the violation.
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Thomas Sadaka ·
Your friends best course of action would be to consult with an attorney. There may be defenses to the violation of probation that will keep your friend from being found in violation and potentially incarcerated. This type of inquiry is very fact specific and a resolution depends on your friends prior conduct while on probation. He needs to hire an attorney or, if he qualifies, secure the assistance of the public defender in dealing with this matter.
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John Frazier ·
Your friend should consult with a criminal defense attorney. It would be advisable to obtain legal counsel for his violation of probation.
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Robert Degroot ·
He can hire a private criminal defense attorney. That is probably the best help he can get.
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