Legal Question in Criminal Law in Florida

Re: voilation of probation

Hello there,

There is not a statute of limitations, however there is a defense that can be used if probation and the state did not properly do their job.

If the probation officer did not file a motion to revoke, and obtain a warrant during the period you are on probation then the State out right loses jurisdiction to revoke your case.

If they did file the first two they also have to use what is called due dilegence. Due dilegence is obtaining a warrant and trying to execute the warrant. They have to make attempts to get you into court by going by your house and trying to bring you to court to face the motion to revoke.

If they didn't do this properly your attorney needs to file a motion to dismiss the motion to revoke. Once that is done the burden of proof is placed on the State to show they did their job properly.

Hope they messed up in your case. Hire an attorney that knows what he is doing in regards to probation revocations.

If my office can be of any assistance feel free to contact me. I am currently out of the country on vacation but if you contact my office they will get in touch with me and I can give you a call if you would like to discuss your case.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

9035939100 OFFICE