Auburndale, FL asked in Criminal Law and DUI / DWI for Florida

Q: I am probation for a DUI. I live in the state of Florida. I have completed 9 months of my probation.

I was in an altercation with someone and they came from behind. The police then intervened and I did not realize they were the police until I was tased. They gave me a notice to appear of resisting without violence. Will this violate my probation and if so will my probation officer put me in jail?

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2 Lawyer Answers
Kevin John Mawn
Kevin John Mawn
Answered
  • Criminal Law Lawyer
  • Titusville, FL
  • Licensed in Florida

A: An arrest has the potential to violate your probation. Typically, you’re arrested for violation of probation when the probation officer discoverers the new offense; however, a judge will often set bond on the probation violation warrant. If it’s an on-site arrest, bond may be set at your initial appearance. Once an arrest occurs, a VOP court date will be set where you can present your defense.

Jonathan Blecher agrees with this answer

Jonathan Blecher
Jonathan Blecher
Answered
  • Criminal Law Lawyer
  • Miami, FL
  • Licensed in Florida

A: Mr. Mawn is correct. Just being arrested is a violation. Once your PO finds out about it, a warrant should be issued which may require you to surrender. You might have to sit in jail until either a bond is set or until the probation hearing date. Get yourself to an attorney’s office ASAP.

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