Can A First Time Felon Get Probation?

Do you automatically go to jail if you violate probation?

Every violation of probation does not result in a revocation and the defendant going to jail to serve their jail sentence.

In fact, more often than not a violation of probation will not result in a defendant being sentenced to serve their full jail sentence..

What happens if you fail a drug test on felony probation?

A failed drug test while on probation can result in a warrant for your arrest, jail time, additional probation time, additional terms and conditions, more money, and a conviction.

What happens if you violate felony probation for the first time?

If you are on felony probation, the court may terminate your probation and sentence you to jail or prison time, depending upon the nature of the crime for which you originally plead guilty. The court may also reinstate probation and impose new probation terms or extend the length of your probation.

Can a judge dismiss a felony case?

The judge can either move forward with the trial, or if the prosecutor cannot prove sufficient probable cause, can dismiss the entire case altogether. The judge can also reduce a felony charge to a misdemeanor charge if he or she deems it necessary.

Can you use first offender more than once?

First offender treatment can only be used once in a lifetime by a person who has never previously been convicted of a felony. A first offender plea can be used for misdemeanor or felony offenses, and for a wider range of offenses than a conditional discharge plea.

How long is the PTI program in Florida?

6 -12 monthsThe felony PTI program is overseen by the Florida Department of Corrections and looks and feels more like probation. It often requires a long term of supervision, typically 6 -12 months in length. There are usually more conditions that you have to fulfill.

Does Florida have a First Offender Act?

Under Florida Statute § 948.08, “any first offender, or any person previously convicted of not more than one nonviolent misdemeanor, who is charged with any misdemeanor or felony of the third degree is eligible for release to a PTI program….”

Is simple possession a felony?

Simple possession can be defined as: A simple possession charge is a misdemeanor but can become a felony if a person has been charged twice previously. It can also become a felony if the person casually exchanges the substance with a minor or the exchange took place near a school.

How much Xanax is a felony?

Xanax Possession Offense Unless you are talking about failure to keep the drug in its prescribed container or fewer than five pills, possession of Xanax with a valid prescription is a felony crime.

What qualifies as intent to distribute?

Typically, the intent to distribute, or sell, the controlled substance is assumed when the accused is holding an amount too large to be for only personal use.

What happens when you get your probation revoked?

A: A revoked probation does not automatically mean you will be sent to jail. … For instance, upon a revoked probation, a judge may add an extra length to the probation, impose additional fines, or require you to get counseling or attend other treatment programs.

Can you beat a felony charge?

A felony charge can be dropped to a misdemeanor charge through a plea bargain, mistake found by the arresting officer or investigations, or by good behavior if probation was sentenced for the crime. … For example, a Federal crime as serious as terrorism will never be a misdemeanor and therefore cannot be reduced.

What is considered a first time offender?

A person is classified as a first-time offender if he or she has been convicted of a crime for the first time. Being designated as a first offender offers a person the possibility to receive a more lenient sentence than someone with a more substantial criminal history.

What amount of drugs is a felony?

Less than 1 gram: a state jail felony with possible punishment of up to 2 years in jail and a fine of up to $10,000. 1-4 grams: a 2nd degree felony with possible punishment of 2-20 years and fine of up to $10,000. 4-200 grams: a 1st degree felony with a possible punishment of 5-99 years and up to a $10,000 fine.

What is a felony pretrial?

In a felony case, the pre-trial is usually held a few weeks after the probable cause conference, and is the first hearing in the circuit court, where felony cases that are “bound over” are ultimately resolved. A trial, while perhaps the most complex of legal proceedings is the easiest to describe.

Can you get probation for a felony drug charge?

Probation and State Jail Drug Cases The law requires probation if you have a first time State Jail felony drug trial (without any priors). Some people don’t want probation, or have served weeks or months in jail and request “time served” deals, or a 12.44(a) or 12.44(b) reduction.