A Defendant serving DUI probation disregard the terms of his sentence. The Defendant moved and changed employment without notifying his probation officer. His whereabouts became unknown and landed him back in trouble with the Court system. The State issued a Bench Warrant for the Defendant’s arrest on charges of Violation of DUI Probation.
Probation and Bench Warrants
Probation is a set of rules that are set for those that have committed a misdemeanor or a crime. Instead of going to jail, the individual will remain a part of his or her community but must follow rules that are set forth by a judge. The probation period can normally not exceed one year. Under Florida law, all first time DUI offenders must be placed on probation. One set condition of this probation is that all offenders must complete no less than 50 hours of community service. As a general rule, those with their first DUI will have their car impounded or immobilized for up to 10 days.
Probation is set to deter the offender from further wrongdoing, as well as punish them for any crime that was previously committed. Under probation, one is placed under the supervision of a probation officer. This officer will meet with the offender on a scheduled basis, such as once per week or every other week.
A bench warrant is a written order that a judge issues when someone on probation does not follow the rules of the court.
Probation is often issued to individuals in order to avoid jail time. There are different rules to every probation, depending on the crime that was committed, if previous crimes have been committed, the state where the sentencing takes place, etc. All terms of probation must be met, or a bench warrant can be issued.
Motion to Quash the Violation of Probation Charges
A Motion to Quash the Violation of Probation charges can be filed by an attorney when an individual is arrested without probable cause. This motion questions the court to see if sufficient evidence and circumstantial evidence has been provided. A judge will review the motion and determine if there is enough supporting evidence. If not enough evidence has been given to support why the individual was arrested, this evidence will be excluded from any legal action.
As the arrest was an illegal one, any evidence that was collected at this time will also be marked as null against the case. The motion to quash the violation of probation charges protects the individual’s constitutional rights as the evidence was unreasonably seized.
RESULT: The Defense filed a Motion to Quash the Violation of Probation charges. The Defense argued that a Violation of Probation conviction unnecessarily punished the Client by rendering him ineligible for State programs. The Court agreed with the Defense and DROPPED the charges against the Client. The state dismissed the Bench Warrant and TERMINATED the remaining amount of the Client’s DUI probation sentence.