The Defendant had been previously convicted of a DUI. During the previous DUI case, the Defendant entered a Plea in Absentia, inasmuch as he left the country for work. The Court sentenced the Defendant to probation, DUI School and substance abuse counseling. The Client could not locate an English speaking counseling facility in his new home town and failed to complete this condition. The probation officer issued a Violation of Probation Warrant for not fulfilling the court ordered requirements.
Violation of Probation Warrant
In Florida, a violation of probation warrant can be served when a defendant willfully and knowingly violates the conditions that were set forth in his or her probation terms.
Probation is defined as a type of community supervision in which a probation officer oversees an offender to make sure he or she abides by the terms set forth in the agreement instead of being incarcerated. Probation is not a right, but rather a privilege. The main purpose of probation is to rehabilitate the offender, as well as protect society.
A Violation of Probation Warrant can be issued if one is not fulfilling all court-ordered requirements. Many common violations of probation include:
- A new offense- If a new offense was committed by the defendant, it is a violation of probation as terms state no new offenses should occur.
- Positive Drug tests- While on probation, terms state drug use during probation is strictly prohibited. If the defendant refuses to take a drug test, this is also a violation of their probation.
- Failure to pay any fines or restitution- Any fines from the actual crime need to be paid as a condition of probation.
- Failure to attend classes that are required- These classes are typically AA, anger management classes, and others.
- Failure to report to the assigned probation officer- Those on probation will be required to check in a specific number of times in a week or month.
- Failure to appear for a court date- Not showing up for a court date is a direct violation of all probations.
If you have had a warrant out for your arrest for a violation of probation, your best interest is to obtain legal services from a high-quality law firm. You will need the assistance of a skilled and professional lawyer fighting on your side.
At Musca Law, our attorneys can handle a Violation of Probation Warrant. We have many lawyers on our team, with over 150 years of combined service. We answer our phones 24 hours a day and offer a free initial consultation. We have successfully won many of our cases or had the charges drastically reduced. We look forward to your phone call.
RESULT: The Defense provided the State with documentation proving the Client’s efforts to find a treatment facility. The Defense filed a Motion to Terminate Probation and prevailed. The Attorney persuaded the Judge to delete the counseling provision and RECALL the arrest warrant.