On March 1, 2016, Chief Judge Anthony Rondolino signed Administrative Order Number 2016-010 PA/PI-CIR addressing Violations of Felony Probation or Community Control. The administrative order was intended to update procedures relating to technical notification letters and Notices to Appear.
Administrative Order 2007-081 PA/PI-CIR was enacted to specify the types of violations of probation that were to be reported by a technical violation letter or Notice to Appear in accordance with Florida Statute § 948.06 and to direct that the violations be submitted to the judge assigned to section Q or the assigned section judge. Administrative Order Number 2016-010 was enacted to update these procedures and to close Section Q.
The Morris Law Firm, P.A. handles alleged violation of probation and community control violation cases in St. Petersburg, Largo, Pinellas Park, Dunedin, Clearwater, and surrounding areas of Pinellas County, Florida. This article explains the administrative procedures used for such cases in courtrooms throughout Pinellas County.
Types of Probation Violations Subject to Administrative Order Number 2016-010
Under Administrative Order Number 2016-010, the Department of Corrections (DOC) can report alleged violations of probation or community control by a technical notification letter or by affidavit and a Notice to Appear when an alleged offender:
- failed to report to the probation officer as directed;
- failed to be truthful to the probation officer;
- failed to follow instructions of the probation officer;
- failed to obtain permission prior to moving from an approved residence;
- failed to obtain permission prior to leaving approved employment;
- failed to comply with the terms of curfew;
- failed to obtain permission prior to leaving the county;
- failed to make restitution payments;
- failed to pay court costs under a payment plan;
- failed to perform required community service; or
- committed an ordinance violation.
The DOC can also report alleged violations of probation or community control by submitting an affidavit and proposed Notice to Appear when an alleged offender has positive results of a drug screen or has committed a second-degree misdemeanor. A technical notification letter or affidavit and Notice to Appear will be submitted to the assigned section judge.
The technical notification letter will be forwarded to the Clerk of the Circuit Court for filing in the court file if the judge determines that the alleged violation does not require action by the court. If it is determined that the alleged violation requires court review, the letter will be returned 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 a judge determines that an alleged violation requires arrest of the alleged offender after an affidavit and proposed Notice to Appear has been submitted, the judge will return the Notice to Appear to the DOC with a directive to promptly submit a warrant.
Duties of Department of Corrections with Probation Violations
Administrative Order Number 2016-010 also establishes that the DOC should report all other alleged violations of probation or community control by submitting an affidavit and warrant to the assigned section judge. When the DOC submits an affidavit regarding a person alleged to have violated probation or community control, the agency must:
- 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 Florida Statute § 948.06.
A qualifying offense is defined under Florida Statute § 948.06(8)(c) as any of the following:
- Kidnapping or attempted kidnapping;
- False imprisonment of a child under the age of 13;
- Luring or enticing a child;
- Murder or attempted murder;
- Attempted felony murder;
- Aggravated battery or attempted aggravated battery;
- Sexual battery or attempted sexual battery;
- Lewd or lascivious battery or attempted lewd or lascivious battery;
- Lewd or lascivious molestation;
- Lewd or lascivious conduct;
- Lewd or lascivious exhibition;
- Lewd or lascivious exhibition on computer;
- Robbery or attempted robbery;
- Carjacking or attempted carjacking;
- Home invasion robbery or attempted home invasion robbery;
- Lewd or lascivious offense upon or in the presence of an elderly or disabled person or attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person;
- Sexual performance by a child or attempted sexual performance by a child;
- Computer pornography;
- Transmission of child pornography;
- Selling or buying of minors;
- Poisoning food or water;
- Abuse of a dead human body;
- Any burglary offense or attempted burglary offense that is either a first degree felony or second degree felony;
- Arson or attempted arson;
- Aggravated assault;
- Aggravated stalking;
- Aircraft piracy;
- Unlawful throwing, placing, or discharging of a destructive device or bomb;
- Treason; and
- Any offense committed in another jurisdiction which would be an offense listed in this paragraph if that offense had been committed in this state.
When the court signs a Notice to Appear, it will set a date for a hearing on the violation and the DOC must provide notice to the alleged offender. If the DOC is unable to provide notice to an alleged offender of the hearing date, the DOC will prepare a warrant for the alleged offender’s arrest.
St. Petersburg Violation of Probation Lawyer
If you allegedly violated the terms of your probation or community control in Pinellas County, it is in your best interest to immediately retain legal counsel. Experienced St. Petersburg criminal defense attorney Melinda Morris can fight to help you achieve the most favorable outcome to your case that results in the fewest possible penalties.
The Morris Law Firm, P.A. represents clients all over Pinellas County as well as communities in Hillsborough County, Manatee County, Pasco County, and Sarasota County. Call (727) 388-4736 to receive a free, confidential consultation that will let our lawyer review your alleged probation violation and help you understand all of your legal options.