Legal Question in Criminal Law in Florida

VOP due to recent arrest for pssesion

I have been on probation for the past 6 months of a 1 year probation for a DUI in 7/02/05. I was recently arrested for constructive possesion of 1gram marijuana and paraphnelia on 1/10/06. 1st Question,I know an arrest while on probation is automatic VOP. I went to jail and bonded out before seeing the judge and have a hearing on 1/31/06 what should i expect. Furthermore I was to meet with my probation officer on 1/13/06 and was probably to be terminated off of probation.He informed me that the final step he must take to terminate my probation was to do a criminal record search, to see if there were any incidents that had occoured (like my arrest 3 days prior to my probation meeting) that I may have forgotten to tell him about that would affect my probation status.I did'nt say a word to him, I just got up and left his office. Of course he will see that I was arrested on 1/10/06. Does this mean there is a warrant out for my arrest now? And if so what should I do? Oh 1 more question, The cop said he could smell pot emmiting from my car,Is smell enough cause for this cop to search my vehicle, because I was litterally pulled out of my vehicle and gave no consent to a search. Any Info provided would help me alot. Thanks Law Guru.


Asked on 1/14/06, 12:24 pm

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: VOP due to recent arrest for pssesion

You already know your probation is violated, and a warrant will go out. You can wait and be arrested or check with the warrants division and turn yourself in. They can eithre extend your probation to allow you to go to drug treatment or offer you a jail sentence to resolve the vop and new charge.

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Answered on 1/15/06, 3:07 pm


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