Probation Violation Help

[dan148]

What is the name of your state?Florida
I was arrested and charged with Grand Theft of the 3rd degree and bad a check (I bounced a check to a car dealership when I purchased a vehicle, so they charged me with both counts) in February 2003. I pleaded no contest and recieved 18 months total probation and adjucication withheld. I have 2 months left of probation and I recieved a phone call from my Probation officer stating that I was in violation for NON-PAYMENT of my fees & fines. She said that they're not going to come arrest me, however There is a court hearing scheduled for the 16th of July (Friday) "A motion to surrender" for first violation of probation. My question is: Are they going to arrest me when I go to court or is this a hearing where I can explain why I haven't paid and then get another chance or have other options?? Thank You

 

[JETX]

"Are they going to arrest me when I go to court or is this a hearing where I can explain why I haven't paid and then get another chance or have other options??"
*** If you had only asked this question LAST week!! I had to take my crystal ball in for service, and though I have tried both Tarot cards AND tea leaves, still can't foretell what might happen to you.
The only thing I can suggest you do is to show up for the hearing as ordered. Oh, and take LOTS of cash (to pay the arrearage) AND you might consider taking a toothbrush..... just in case.

 

[dan148]

Thank you for the reply JETX

Thank you JETX for your quick response to my post, however I believe I may have worded the original post incorrectly. I did not mean to ask if anyone could foresee my future court appearance outcome. I just wanted to know if there is anyone that has had experience in this type of hearing that could give me some sort of insight.
Question: Is this a hearing that I am able to explain my side to the judge and then the judge will make some sort of decision or give me options, for example; Extend my probation or give me a deadline to have my fines paid!! or his this a hearing for me to surrender myself and sit in jail until a court date is set?. And for the record everyone, I have never been in trouble with law before..as a mater of fact I have never had a speeding ticket and I have been driving for 20 years. I did not intentionally bounce a check, I wrote a company check (I was the owner of the company) to purchase a truck for my company on a Saturday with the intention of transferring the funds from my VISA corporate account into my company checking account on Monday. However on Monday I was told that by VISA I could not do that because this was a "Line of Credit" and not a "Credit Card". When I contacted the dealer to explain to them what had happened and that I wanted to return the vehicle they said "SORRY, THE CHECK'S BEEN DEPOSITED WHEN IT COMES BACK AS NSF YOU WILL BE NOTIFIED OF YOUR OPTIONS IN CLEARING THE MATTER" ....Two weeks later i get a phone call from a detective giving me an opportunity to bring a cashiers check or cash down to the dealership or he would arrest me. I contacted my attorney who then contacted the dealership and worked out a deal with them which seemed all fine and dandy until the next day the detective showed up at my company and aressted me. I sat at the station for 4 hours when the det. finally came in the room and said "I couldn't get in touch with dealerships attorney to clarify that you have a deal, so I am going to arrest you so that I can file this paperwork" I sat in county jail for 17 days before they finally released me and told me to come to court 10 days later. My attorney advised me that the PA agreed to a NC plea and only do 18 months unsupervised probation and adjudication witheld, the judge also ordered my record sealed when the sentence is over. The judge ordered the vehicle be returned which it was and that no restitution be paid..just the court costs and probation fees.Or I can pay thousands of dollars in attorney fees to take it to a jury trial at which case if I did that the PA said if I lose he will ask for the MAX. penalty on both counts. I have not paid because I am no longer working..immediatley after my arrest I had to close the business and I have been working odd jobs just to support my family....So that's my story in a pretty big nutshell...Thanks for listening..

 

[JETX]

Okay, lets try this again.... there are simply too many variables for anyone to be able to divine what might happen to you. For example, we don't know the judge or prosecutor and whether they are aggressive or 'meke' in prosecuting a case like yours. We also don't know the community 'sentiment'.... for example, the day before your hearing, there could have been a huge community outcry against check theft.... and that could spill over into the way you are handled. Or, the judge or prosecutor could have just had a bad day.
Go to court, take your chances just like anyone else.

As for your attorney, sounds like you need a new one.....
"I contacted my attorney who then contacted the dealership and worked out a deal with them", yet he wasn't able to communicate that fact with the police who had to rely on the inability to contact the DEALERS attorney??

"I sat in county jail for 17 days before they finally released me"
Where was your attorney at that time.... and why didn't he proceed to work on your behalf getting confirmation of the 'deal' with the dealer, etc.

"My attorney advised me that the PA agreed to a NC plea and only do 18 months unsupervised probation and adjudication witheld"
And again, why did your attorney not stand the issue of the negotiated 'deal' with the dealership??

Bottom line.... something absolutely stinks in the above 'attempts' to explain the circumstances.

 

[dan148]

Once again..Thank you for your timely response to my post!!

My attorney did contact the det. however the det. said "Until I hear from the dealerships attorney that a deal was made and charges will not be pursued I will continue to do what I have to do so that I can get this paperwork off my desk" Remember there was only a 12 hour window from the time my attorney made the deal until the time I was arrested.... Now once I was in custody and processed I was told by my attorney that "Once the charges are in the state attorneys office there is nothing anyone can do about it, at that point not even the dealership can drop the charges" I sat in jail for 17 days because my attorney had filed a motiion for a quick hearing which I was advised to sit there for a few days, go to court and this would all be over. I could have posted bond the first day however why pay that money if I thought I would only sit there for a day or two. I know that day or two turned into 17 days and I was not really happy with that but at least I didn't fork over $1,000. When I went in front of the judge he had commented that "If I were you I would take this to trial" but again, the PA used the threat tactic "If you lose I will ask for the MAX. On both counts...take the plea" The PA wanted to know nothing about the deal my attorney and thier attorney made..they just wanted to win. The judge was actually being nice that day from what I understand, everyone who went in front of him that day pretty much walked out in cuffs. But anyway all this is irrelevant now, right now I am just looking for an opinion. With only 8 weeks left of probation in the professional opinion of a legal expert will a judge put me back in jail for nonpayment of court costs? I have spoken to a few attorneys in my city and these are some answers I recieved:
Attorney #1 - You CANNOT be put in jail for nonpayment if you couldn't afford to pay the costs, That is unconstitutional. If they can prove you could've afforded it and just refused to pay than yes you can be put in jail for violation.
Attorney #2 - They are probably going to take you into custody process you and then release you and then provide you with a final VOP hearing date
Attorney #3 - The judge will probably let you go with conditions, that being one of several things; Extend the probation utill the fines are paid, Do some community service in lieu of the fines, Transfer the fines to a civil lien.Attorney #4 - Let you go with the promise that your fines and fees will be paid by the day your probation ends in two weeks.
I am just looking for other opinions...Thank you JETX for your reply...
And by the way I have every intention of going to court, even I was 100% sure of jail time.

 

[dan148]

Court hearing outcome!!

I went to court today on the violation hearing for nonpayment of probation fees. The state recommended that I be violated and that I should be reinstated with community service hours. However the judge ruled that I not be violated and since I have only 8 weeks left on probation he is giving me the opportunity to catch up on the payments by the time my probation is over. Anyway this posting is for future reference for anyone involved in a violation for nonpayment. I guess the judge took into consideration I have no priors and I have successfully completed all of the other the terms of the probation. Bit of advice to all....Think before you act and stay out of trouble, it was the worst feeling walking into that court room not knowing what to expect and seeing all the inmates shackled and chained to thier seats, most of them receiving prison sentences or 364 days in county jail for probation violations...Good luck to all