Legal Question in Criminal Law in Florida

Violation of Probation

My boyfriend was sentenced in 2004 to a six year sentence for 2 felonys; one for aggravated battery with a deadly weapon and one for driving on a suspended license repeatedly. He was sent to prison for 18 months and was placed on probation for the remainder of his time. Since then he has gone to probation, tested clean, and has paid monthly as asked of him. In January his probation officer called him and told him to meet him somewhere at that time. Well since my boyfriend does not have a license, he was unable to do so. The probation officer then issued him a warrant for disobeying a direct order from his probation officer. It is now 7 months later and he was picked up on his warrant yesterday. This will be his first VOP, without new charges. What is likely to happen on Tuesday when he goes to court? What is the worst that can happen?


Asked on 7/25/08, 1:38 pm

2 Answers from Attorneys
Joshua Westcott Law Office of Ernest J. Mullins, P.A.

Re: Violation of Probation

I'm not sure what his court date is for, VOP arraignment, VOP Hearing, etc, but there are a number of outcomes in a VOP that can occur.

If a judge finds that a VOP was not substantial and willful, the VOP could be dismissed and the origional term of probation reinstated.

If a judge does find a willful and substantial violation, then it can re-expose the person who has violated to the maxim punishment for the underlying charge that resulted in probation. The judge could do anything from simply declaring an unsuccessful completion and terminate probation (very rare), order a new term of probation and additional terms, or order a sentence of incarceration up to the statutory maximum for the underlying offense.

It would be best to speak with a skilled criminal defense attorney to ensure that his rights are fully protected.

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Answered on 7/25/08, 8:06 pm
Fleet Tilden TildenLaw

Re: Violation of Probation

In order to find that probation has been violated, the violation must be "wilful". While a Probation officer may file such a violation, there likely needs to be more to it before a judge will issue a warrant. Eventhough your boyfriend has no driver license, he may still be required to find transportation to the probation department for a meeting. I would recommend retaining a local attorney for representation as a violation of probation can send him back to DOC.

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Answered on 7/25/08, 8:41 pm


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