Legal Question in Criminal Law in Florida

ammended violation of probation

Once a warrant for a VOP is issued and the person is arrested, can the probation officer issue an ammended VOP citing the more serious offense days after the arrest? If so, does the ammended VOP take precedence in sentencing over the original VOP resulting in a more serious sentence. And if that is the case, what is to stop the probation officer from repeatedly violating someone even while they are being held in jail?


Asked on 9/01/08, 12:36 am

1 Answer from Attorneys
Aaron Slavin Slavin Law Firm, LLC

Re: ammended violation of probation

Yes, the probation officer can always issue an Amended Violation of Probation Affidavit and Warrant. Usually, the Amended VOP will include any new charge or violations, plus it will restate the previous violations (to include everthing). As far as stopping the probation officer from repeatedly violating someone, there really is no mechanism. If their probationer keeps violating, they will keep amending their VOP Affidavit. However, once someone is in jail, it really should stop b/c presumably there shouldn't be any more violations.

Hope this helps. If you have any more questions on Violations of Probation... I have an entire page on my website dedicated to VOPS. Please check out: www.slavinlawfirm.com for more info.

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Answered on 9/01/08, 8:12 am


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