VOP question in FL

VirtualSVT

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Let's say a person pisses dirty for a drug test and VOP's.

Is there a standard minimum sentence associated with that? Judge based?
 

FordSVTFan

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Let's say a person pisses dirty for a drug test and VOP's.

Is there a standard minimum sentence associated with that? Judge based?

As a Florida Prosecutor I can tell you that VOPs are taken seriously by ASAs and the Court because the Defendant has already received the first gift of probation. By having a technical violation of probation there is no right to a jury trial, it is before the judge and almost 100% he will be taken in.

My office policy is to ask for the same sentence that the underlying crime would have received. So for a first class misdemeanor that would be 364 days county jail. Felonies, it would be a lot more.

Yes, the judge ultimately decides and the Defendant can attempt to mitigate with witness testimony.

Which county is this in and what was the underlying conviction for?
 

VirtualSVT

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Seminole County and Originally he had drug charges and then was busted for a DUI but he has some previous drug charges from Orange County that I believe he is still under Probation with them for. Part of his DUI was drug testing and he failed this last one.

Well Apparently he was bonded out this morning for 2 grand by his "friends". He already called me looking for money and a couch. Pass.

Another quality person that's wasting my oxygen.
 

'03snkbt

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he had drug charges and then was busted for a DUI but he has some previous drug charges from Orange County that I believe he is still under Probation with them for. Part of his DUI was drug testing and he failed this last one.
^^^
ahhhhh, this country's future is looking brighter by the day.
 

FordSVTFan

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Seminole County and Originally he had drug charges and then was busted for a DUI but he has some previous drug charges from Orange County that I believe he is still under Probation with them for. Part of his DUI was drug testing and he failed this last one.

Well Apparently he was bonded out this morning for 2 grand by his "friends". He already called me looking for money and a couch. Pass.

Another quality person that's wasting my oxygen.

In Seminole, if he gets the right judge he could wind up with continued probation and more restrictions. But if he is also violated in Orange county he will likely do jail time there.
 

VirtualSVT

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yeah he will be tested every monday morning from now on. I can't believe they let him bond honestly.

He'll never learn.
 

jshen

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Here we have the option of making drug screens a "special condition of probation" meaning that if violated the person's entire sentence may be revoked. Our plea forms also contain a clause that defendant agrees drug screen tests are admissible without foundation and my favorite, defendant agrees to waive all 4th Amendment rights while on probation.
 

FordSVTFan

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Here we have the option of making drug screens a "special condition of probation" meaning that if violated the person's entire sentence may be revoked. Our plea forms also contain a clause that defendant agrees drug screen tests are admissible without foundation and my favorite, defendant agrees to waive all 4th Amendment rights while on probation.

Bascially, the same thing happens in Florida.
 

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