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?

Related Topics:
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
PREMIUM
Jonathan Blecher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Coral Gables, 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.