Legal Question in Criminal Law in Florida
my name is Vladimir. I live in Tampa, Florida. My problem is a such. I have a warrant out for my arrest. The charge is Violation of Probation. The crime I was in probation for was Petty Theft. I missed an appointment with my PO because when I went in to see him, he told me he "Didn't have the time to meet with me today" when I asked how to reschedule, the woman at the desk told me she was too busy to talk. So, I couldn't make another appointment. It's been a month since that, and I find out today that I have warrant out on my arrest. I have multiple behavioral disorders that keep me from functioning... Well. I have Anxiety, Depression, and am on several new drugs to help. What should I do? Can the anxiety angle be helpful? I suffer heavily from it.
Thank you.
3 Answers from Attorneys
The best advice I can give you is to get an attorney before you are arrested on the VOP warrant. Also, continue to seek and follow through with any treatment you are receiving.
In order to prove a violation of probation against you, the State must establish by a preponderance of the evidence that you wilfully and substantially violated your probation. Under the facts that you give, you are not guilty. You appeared at the scheduled date and time. The fact that your P.O. was too busy to see you is not within your control. I would request a hearing. You should win. Even if you don't, the judge should reinstate you to probation since your violation was minor and unintentional.
First, you must turn yourself in since you have knowledge that there is a warrant for your arrest. Once you've done that you can argue about the merits of whether or not you actually violated your probation and present evidence about any psychological defenses you may have.
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