Help please

[mike1980]

I am currently on Felony state probation in Florida and have been for the past 31 months. I recently picked up a new charge Obstruction without violence. First degree misdemeanor.

According to my public defender if I take a plea deal on the misdemeanor it will automatically violate my V.O.P? Question is should I take it trial or take a plea deal? The state is offering 500 fine plus the cost of court costs and supervision. However, I was taszered in the process without it being mentioned in the arrest report or any documentation that it even occurred.

I have court on 22nd of this month and my Public defender says the previous judge suspended my sentence for six months. Now he called and informed me That I will be sentenced on the 22nd and he said there's about an 80% chance of me being arrested. Because the judge suspended my sentence. But can they still give me the 6 months of V.O.P? All help is greatly appreciated

 

[bluemann33]

If you are on probation then the judge can revoke that. You should talk more with your attorney about this as no one on here can give you a deff. answer of what would happen. Your attorney should know the specifics on your case and knows more of what the judge may do as he/she has probably dealt with the judge before. Good luck.

 

[mightymoose]

It is odd that the taser incident is not mentioned in the report, however that should have no bearing on the outcome of your case. The officer's use of the taser just goes to support the argument that you were not compliant.

 

[army judge]

I suggest you have your affairs in order by the 22nd.
Plea or not, it appears someone is intent in locking you away.
Speak with your PO and assess his/her feeling about your revocation.
The judge generally follows the recommendation of your PO.
You can plea to the case without the peril of incarceration.
However, your potential inceration seems related to your current probationer status.

Even if you ask to go to trial on the Obstuction charge, you appear headed to the hoosegow.

However, revocation isn't arrived at summarily.
You're entitled to a hearing on revocation.
You are also entitled to bond to avoid immediate incarceration, in most cases.

As indicated, ask your current or prior lawyer for guidance, or hire a new one, if you really fear losing your freedom.

Yes, it may be expensive, but beg, borrow, and plead for financial help to keep your freedom.

And, for your own sake, stay the hell outta trouble.
Use restraint and walk away.
You aren't a free man, even though you're not in jail.

Your probation is contingent on your good behavior!!!