Q: What are my chances of being kicked out of a diversion program in Palm Beach County, FL?
I was charged with trespassing in Palm Beach county, Florida with no priors. I was offered a diversion program. I have had to meet with a Probation officer monthly, (I'm not on probation though). I'm Physically disabled (Social Security Disability SSD).I told the officer that I have to use urinary catheters to urine the first time I saw him. This month I had to do a urine test (first time) and I told him I had to go to my car for a few minutes to get a catheter. He said I could not and I had the to take test or he would violate me. (sometimes I can urinate without one if my bladder is really full, but 95% of the time I have to use a catheter). So, I tried and could not urine and he violated me and I was mailed a court date. I have notes from my doctors and medical records to proof my condition. Do I get a hearing before judge to get a chance to dispute the violation or am I automatically kicked out of the program and have to beg The prosecutor?
A: Unfortunately, the court has no input in this matter as diversion is between you and the State of Florida. Your recourse is to enter a plea, set the case for trial or convince the State this was a medical issue.
A:
No. You do not have to genuflect.
The probation officer did not violate you. The probation officer reported an aleged violation. You received a notice of a hearing!
So what do you think occurs at a hearing? If you were going to be straightaway sent to jail, why would you have a hearing?
You would have simply been arrested.
You need to get your paperwork arranged, not in a pile.
You need to have a copies for the judge, the prosecutor and the probation officer. You need to spend the time and money to do that.
It sounds to me that you made the claim to your probation officer and never presented the documentation to the probation officer.
The claim that you have the paperwork at home is like the dog ate my homework.
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