Will I go back to jail

[william71]

My state is Florida (only U.S. law)?

I'm so worried. Here's what happned; On the day I pay payoff my restitution that terminates my probation, I go down to the office and submitt my last check and get a receipt for it. I was sooo happy!

Ironically, later that evening out of no where I run into this guy at a local shopping plaza that picks a fight with me. The cops come and I get arrested even though the other guy started the fight. Now, I get a call from my probation officer who says that she saw the arrest and needs to violate me even though my last payment was received. Now I'm awaiting what is going to happen. My probation officer feels I violated even though I paid off restitution and according to the court automatically terminates me.

What's going to happen to me? Will I get a court date, will I just be taken into jail? Keep in mind I will still have this pending incident regarding the fight to deal with as well. I just started school and just want this to go away. Can anyone shed some light?

 

[FlyingRon]

"He started it" doesn't work in court any more than it did with your mommy.
If your PO is going to pursue the violation, the odds are against you.

 

[StevenJ_420Law]

Normally, actual formal probation is for a period of time and would not be dependent on resitution payments.

Sometimes people have specific sentences which require the assistance of a probation dept (like collecting restitution, home monitoring, or whatever) and you are not actually on formal probation for a lengtH of time. That doesnt sound to me like that is your type of case.

Look at your sentencing minute order it should say something similar to "Imposition of sentence suspended _________ months and defendant placed on formal probation". (wording changes by court, but it will say the duration, if on probation)

If it says "placed on probation until restitution is paid" than that would be a defense to the violation of probation charge.



For a VOP, you COULD just be arrested but more likely they will file a petition and give you a court date. You can admit or deny the VOP. If you deny it, you are entitled to the due process, including being appointed a lawyer (if you cant afford one).

I would recommend a lawyer or denying at arraignment and asking for a lawyer to be appointed. That way you can get a handled of exactly where your case stands.

If you are found in violation, a term in jail or even executing your sentence is a possibility.

 

[sadiepup]

He started it... Who cares you just got off probation why didnt you walk away. The odds are against you because you proved to the judge that the legal system didn't work for you, which means yes a correctional facility is a likely next step. talk to your attorney about getting your violation dropped, but with priors fights (assault, brawling, intimidation) whatever they charged you with there is a good chance that you will be going to jail for that charge, unless it was without a doubt self defense

 

[Antigone*]

I don't see why you're even bothering to ask because no matter what you'll come back and tell us we are wrong.

posting history folks.