Felony Violation of Probation
If you were accused of a violation of probation in Pinellas County, then the court can either issue a warrant for your arrest or the court can issue a notice to appear. The notice to appear will require you to come to court to respond to charges that you violated probation.
If you are issued a notice to appear and don’t show up for the hearing, then the court can issue a warrant being issued for your arrest for the alleged probation violation. Special rules apply if you are a Violent Felony Offender of Special Concern including a no bond warrant.
Whether your probation officer is going to issue a warrant for your arrest or a notice to appear, you have the right to be represented by an attorney at the hearing.
Attorneys for a Felony Probation Violation in Pinellas County, FL
If you were accused of violating your felony probation in Pinellas County, FL, then contact an experienced criminal defense attorney at Morris Law Firm, P.A.. We represent clients who are issued a warrant and those that receive a notice to appear at the probation violation hearing.
Our probation violation attorneys for Pinellas County, FL, can help you fight for the best result after a substantive or a technical violation of felony probation. Act quickly to secure the services of an attorney. Let us put our experience to work for you.
Call Morris Law Firm, P.A. today.
Rules in Administrative Order No. 2016-010 PA/PI-CIR
Special rules for a felony violation of probation can be found in ADMINISTRATIVE ORDER NO. 2016-010 PA/PI-CIR. The order explains the specific types of probation violations that are reported by a technical violation letter or Notice to Appear in accordance with section 948.06, Florida Statutes.
The order also explains the way these notices are to be submitted to the appropriate judge in the Circuit Court in Pinellas County, FL. The new administrative order from March 1, 2016, rescinded Administrative Order 2007-081 PA/PI-CIR.
The order ensures that technical notification letters and Notices to Appear are to be submitted to the assigned section judge, and in accordance with Article V, section 2, Florida Constitution, Rule of Judicial Administration 2.215, and section 43.26, Florida Statutes.
Types of Technical Violations of Probation
The Department of Corrections (“DOC”) may report alleged violations of probation or community control by a technical notification letter or by affidavit and a Notice to Appear when the offender is accused of failing to:
- report to the probation officer as directed;
- be truthful to the probation officer;
- follow instructions of the probation officer;
- obtain permission prior to moving from an approved residence;
- obtain permission prior to leaving approved employment;
- comply with the terms of curfew;
- obtain permission prior to leaving the county;
- make restitution payments;
- pay court costs under a payment plan;
- perform required community service; or
- committed an ordinance violation.
The DOC may report alleged violations of probation or community control by submitting an affidavit and proposed Notice to Appear when the offender:
- has positive results of a drug screen; or
- has committed a second-degree misdemeanor.
Technical VOP Notification Letter in Pinellas County
A technical notification letter or affidavit and Notice to Appear is to be submitted to the assigned section judge. For a technical notification letter, if the judge agrees that the alleged violation does not require action by the court, the technical notification letter shall be forwarded to the Clerk of the Circuit Court for filing in the court file.
If the judge determines that the alleged violation requires court review, then the judge shall return the letter to the DOC with a directive to promptly submit an affidavit so that the court may either issue a Notice to Appear or a warrant.
If an affidavit and proposed Notice to Appear is submitted but the judge determines that the alleged violation requires arrest of the offender, the judge shall return the Notice to Appear to the DOC with a directive to promptly submit a warrant.
Substantive VOP Warrants in Pinellas County
The DOC shall report all other alleged violations of probation or community control by submitting an affidavit and warrant. The affidavit and warrant is to be submitted to the assigned section judge.
When the DOC submits an affidavit regarding a person alleged to have violated probation or community control the DOC must do one of the following:
- Indicate whether the DOC seeks a warrant for the arrest of the offender or is requesting the Court to issue a Notice to Appear.
- Indicate whether the offender has ever been convicted of committing or is currently alleged to have committed a qualifying offense as defined in section 948.06, Florida Statutes.
If the DOC requests a Notice to Appear, the DOC may also request that the date of the hearing be set after the next scheduled appointment with the offender. When the Court signs a Notice to Appear, the Court shall set a date for a hearing on the violation. The DOC is to provide notice to the offender.
When a Notice to Appear is to be issued, the DOC shall submit an original and four (4) copies to the Court. The Court shall sign the original and provide the original to the Clerk, two copies to the DOC, one copy to the State Attorney, and one copy to the Public Defender. If the DOC is unable to provide notice to an offender of the hearing date, the DOC shall prepare a warrant for the offender’s arrest.
Finding a VOP Lawyer in St. Petersburg, FL
If you were ordered to appear in a courtroom at the Pinellas County Justice Center at 14250 49th Street North, Courtroom in Clearwater, Florida, for a violation of probation hearing on an underlying felony charge, then contact an experienced criminal defense attorney at Morris Law Firm, P.A..
We also represent clients charged with a violation of misdemeanor probation in Pinellas County, FL.
The failure to appear for the above-referenced hearing will result in a warrant being issued for your arrest for an alleged violation of probation.
Call (727) 388-4736 today.
This article was last updated on Friday, July 28, 2017.