Violation of Probation
Fort Lauderdale Criminal lawyer Bradford Cohen knows that being on probation is a lot to handle. There are so many different ways to violate the terms of your specific probation that you may find yourself in trouble again for even the slightest of offenses. Broward criminal defense lawyer Bradford Cohen, with his extensive experience, will assist you with all legal matters regarding your VOP and will help to secure the most favorable legal outcome available.
948.06 Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision. Types of Violations, technical probation violation; substantive violation
Many times Miami Criminal Lawyer Bradford Cohen is asked, Can a Police Officer arrest a person if they believe that they have violated probation? The Answer is Yes. Any Police Officer who is aware of the probationer’s supervision status and has grounds to believe that the person or offender on community control has violated the terms of his criminal probation (supervision), to arrest the criminal offender without a warrant wherever found and return him/her to the court that originally sentenced the individual to probation. So if you were sentenced in the criminal court to a term of probation or community control to be served in another State or County and you violated the terms of your probation, they will arrest you where ever they find you. They will then hold you no bond, in most cases, until you are to appear before in the county that you were sentenced before the Judge that sentenced you. Hiring a criminal lawyer to handle the matter quickly is usually your best bet of spending the least amount of time in jail. Although no one can guarantee that you spend less time in jail awaiting your appearance, a private criminal lawyer can assist in calling and attempting to get you a court date as soon as possible. In most violation of probation cases, a public defender is not assigned to handle your case until you appear before the court. Call 1888COHENLAW to get a detailed Free consultation in regards to your criminal VOP. (violation of probation)
The second question our clients usually have revolves around when an affidavit of violation has been filed with the court. After an affidavit of violation has been filed, a trial court Judge may issue a warrant. That warrant authorizes the arrest by and police officer of the probationer. At any time no matter where you are found. Often we will see for minor infractions that you will only be arrested in the State of Florida. Meaning, it is an instate warrant only. As such, you will most likely be bothered at borders, traffic stops and airports, but you will not necessarily be arrested and transported to Florida. Although, we have seen clients be arrested in another state due to the warrant, only to be released hours later when the arresting agency realizes there is a no transport order. This can be quite bothersome and costly if stopped and held. Criminal Lawyer Bradford Cohen, suggests that you resolve your outstanding Violation of Probation even if there is a no transport order to the State of Florida.
Although past performance is not an indicator of results, Criminal Attorney Bradford Cohen has been successful negotiating “in court surrenders” where you may be able to surrender and resolve your violation all in the same day. Again, we cannot guarantee results but, if successful there is a possibility that you will not have to spend anytime in jail.
One interesting fact that most criminal lawyers overlook to inform their clients about is that once the violation warrant is issued under Florida Statute 901.02, the probationary period is put on pause until the criminal court enters a final ruling on the violation of probation. If placed back on probation a multitude of things could happen. The criminal court could reinstate your probation to finish out the remaining amount of probation. The court could end your term of probation an order a brand new term of probation. The criminal court could sentence you to jail or community service. There really is no set sentence for any type of violation be it, technical and/or a new offense violation. Your original probation officer is usually the person who remains on your case to supervise you if you are placed back on probation. If your probation is revoked and you are sentenced to jail the court WILL adjudicate you guilty.