St. Petersburg Violation of Probation Attorney

Chief Judge Anthony Rondolino signed Administrative Order Number 2016-058 PA/PI-CIR on September 9, 2016. The administrative order expanded the Alternative Sanctions Program (ASP) to Pasco County by updating previous administrative orders.

Administrative Order 2014-079 PI-CIR established an ASP through collaboration between the Sixth Judicial Circuit (the Court) and the Florida Department of Corrections (DOC) and updated the criteria necessary for participation to the program. The purpose of the ASP is to reduce recidivism and the significant resources expended to prosecute technical violations of probation by creating an administrative option for processing these violations that provides for immediate and court-approved sanctions.

[[$firm]] handles alleged technical violation of probation cases in Clearwater, Largo, Pinellas Park, Dunedin, and many other surrounding areas of St. Petersburg, Florida. This article explains the administrative procedures used for such cases in courtrooms throughout Pinellas County

ASP Participation in St. Petersburg, Florida

Administrative Order Number 2016-058 PA/PI-CIR establishes that an alleged offender cannot participate in the ASP if, in his or her underlying case, the alleged offender:

  • was designated a career offender;
  • was sentenced to sex offender probation;
  • was sentenced to community control;
  • committed any new law violations of probation;
  • is an absconder; or
  • violated a “no contact” condition of supervision.

Participation in the ASP is limited to alleged offenders who:

  • were sentenced to felony probation in Pasco or Pinellas County;
  • have stable ties to the community;
  • have a stable residence in Pasco or Pinellas County;
  • have committed a qualifying technical violation; and
  • his or her underlying case does not involve any of the disqualifying provisions listed above.

Each technical violation includes a list of sanctions determined and approved by the court for the probation officer to select from when reporting these technical violations, based on the individual offender’s circumstances at the time of the violation. Qualifying technical violations are outlined in the Alternative Sanction Program Violations/Sanction Matrix, which is as follows:

VIOLATION APPROVED LIST OF SANCTIONS
Condition (1): Reported late; failed to report as instructed 1. Report 2 times a month for 60 days

2. Mentoring evaluation and successfully complete as determined necessary

3. Weekly report for 45 days

4. Additional 25 hours public service work

5. T4C – Cognitive Behavioral program

Condition (3): Failed to report changes in residence or employment without first procuring the officer’s consent (or notifying immediately if evicted from residence or laid off from job) 1. Report 2 times a month for 60 days

2. Mentoring evaluation and successfully complete as determined necessary

3. Weekly report for 45 days

4. Additional 25 hours public service work

5. T4C – Cognitive Behavioral program

Condition (3): Failed to request permission prior to leaving the county 1. Report 2 times a month for 60 days

2. Mentoring evaluation and successfully complete as determined necessary

3. Weekly report for 45 days

4. Additional 25 hours public service work

5. T4C – Cognitive Behavioral program

6. Curfew from 8 pm to 6 am for 60 days (can be modified by probation officer for treatment/work purpose)

Condition (6): Found to be associating with person(s) engaged in criminal activity 1. Additional 25 hours public service work

2. Mentoring evaluation and successfully complete as determined necessary

3. Curfew from 8 pm to 6 am for 90 days (can be modified by probation officer for treatment/work purposes.)

4. T4C – Cognitive Behavioral program

Condition (7): Positive drug test for non-prescribed drugs (first occurrence) 1. Drug evaluation and successfully complete treatment determined necessary

2. Increase level of treatment program up to and including residential

3. AA/NA – 1 x week for 60 days

4. Curfew from 8 pm to 6 am for 60 days (can be modified by probation officer for treatment/work purposes.)

5. T4C- Cognitive Behavioral program

Condition (7): Positive drug test for non-prescribed drugs (second occurrence) 1. Drug evaluation and successfully complete treatment determined necessary

2. Increase level of treatment program up to and including residential

3. AA/NA – 2 x week for 60 days

4. Curfew from 8 pm to 6 am for 120 days (can be modified by probation officer for treatment/work purposes.)

5. Additional 25 hours public service work

6. T4C- Cognitive Behavioral program

Condition (8): Failure to maintain employment 1. Employment evaluation and successfully complete as determined necessary

2. Weekly reporting with 20 job search logs until employed

3. Daily reporting with 5 job search logs until employed

4. Additional 25 hours public service work

5. T4C- Cognitive Behavioral program

6. Curfew from 8pm to 6 am for 60 days (can be modified by probation officer for treatment/work purposes)

Condition (10): Failure to pay restitution or court costs 1. Financial Assistance – Debt money mgmt.

2. Mentoring evaluation and successfully complete as determined necessary

3. Employment evaluation and successfully complete as determined necessary

4. Additional 25 hours public service work

5. T4C- Cognitive Behavioral program

Condition (11): Failure to submit to random testing as directed 1. Drug evaluation and successfully complete treatment determined necessary

2. Increase level of treatment program up to and including residential

3. AA/NA – 1 x week for 60 days

4. Curfew from 8 pm to 6 am for 60 days (can be modified by probation officer for treatment/work purposes.)

5. Additional 25 hours public service work

6. T4C- Cognitive Behavioral program

Special Condition (1): Failure to attend treatment evaluation or treatment session as scheduled 1. Weekly reporting until evaluation is completed

2. Daily call in until evaluation is completed

3. Mentoring evaluation and successfully complete as determined necessary

4. Additional 25 hours public service work

5. T4C- Cognitive Behavioral program

6. Curfew from 8 pm to 6 am for 60 days (can be modified by probation officer for treatment/work purposes)

Special Condition (8): Failure to complete community service hours as instructed 1. Additional 25 hours public service work

2. Weekly reporting until community service hours are current

3. Mentoring evaluation and successfully complete as determined necessary

4. T4C- Cognitive Behavioral program

5. Curfew from 8 pm to 6 am for 60 days (can be modified by probation officer for treatment/work purposes)

Special Condition (9): Failure to remain at residence during curfew period 1. Mentoring evaluation and successfully complete as determined necessary

2. Report 2 times a month for 60 days

3. Weekly report for 45 days

4. Additional 25 hours public service work

5. T4C – Cognitive Behavioral program

Additional ASP Provisions in Pinellas County, FL

The DOC identifies alleged offenders eligible for the ASP through their probation officers who then inform the alleged offenders of their eligibility. Participation in the ASP is voluntary, and an alleged offender must decide whether to participate in the ASP prior to the filing of an affidavit of violation of probation.

When eligible alleged offenders decline to participate in the ASP, the affidavit of violation of probation is filed with the Clerk of the Circuit Court and they will proceed to formal violation of probation proceedings in Circuit Court. When eligible alleged offenders elect to participate in the ASP, the Technical Violation Notification form must be completed by the probation officer and submitted to the Court. Such alleged offenders must also complete the “Alternative Sanctions Program Waiver of Formal VOP Hearing, Admission of Violation, and Acceptance of Sanctions” form with their probation officers and submit the form to the Court.

By agreeing to proceed in the ASP, alleged offenders waive their right to an evidentiary hearing on the violation of probation, including any determination that the violation was willful and substantial. If an alleged offender chooses to participate in the ASP, the alleged offender must admit the violation, accept the administrative sanction(s) recommended by the Probation Officer, and waive his or her right to a formal violation of probation proceeding in Circuit Court as well as his or her right to appeal the sanction(s) imposed under the ASP—unless the sanction(s) is/are illegal under state or federal law.

The Court ultimately has the discretion to determine whether the ASP is appropriate for a certain technical violation or an eligible alleged offender as well as the sanctions selected by the probation officer. Upon Court approval, the probation officer will instruct the alleged offender on the sanction(s) imposed by the Court and instruct the alleged offender to take actions necessary to ensure the sanction(s) is/are executed immediately. If the alleged offender fails to complete the imposed sanction(s), the probation officer must submit a violation report, affidavit, and warrant to the Court.

St. Petersburg Violation of Probation Attorney

If you allegedly committed a technical violation of probation in Pinellas County, it will be in your best interest to immediately seek legal representation. Melinda Morris and Seth Shapiro are criminal defense lawyers in St. Petersburg who have experience handling these cases.  Melinda Morris has experience on both sides of the aisle as a former prosecutor for the State Attorney’s Office in Pinellas County.

[[$firm]] defends individuals in Pinellas County as well as surrounding areas in Pasco County, Sarasota County, Hillsborough County, and Manatee County. You can have our lawyers review your case and discuss all of your legal options when you call [[$phone]] to take advantage of a free, confidential consultation.