My client’s felony probation was violated for allegedly changing their residence without first procuring the consent and permission from their probation officer. A second violation of probation was allegedly for failing to comply with the probation officer’s instructions. Before someone can change their address when on probation, they must first get permission to do so from their P.O.
My Client’s Previous Attorney Blundered
My client originally hired another experienced criminal defense attorney who spoke to the probation officer and was hoping to get the client placed on 2 years house arrest (community control). House arrest is a very restrictive penalty imposed and is usually a last chance for a probationer before incarceration, whether jail or prison. House arrest requires that the individual be at home at all times unless at school or work. Many defendants on house arrest do not successfully complete their community control sentence and end up violating and in prison.
The other attorney also failed to file a bond motion to turn the client in before the VOP judge in Polk County. Because there was an outstanding warrant for the VOP, an attorney that knows what they are doing can set a bond motion before the court in Polk County’s VOP division and turn the probationer in on the warrant before the court. In certain circumstances, this may mean that the individual spends little or no time in jail and no money on having to bond out of jail.
When a warrant is issued for a Polk County VOP, there is usually no bond on the warrant and the person must sit in the Polk County jail until the case is resolved. This “no bond” hold occurs in misdemeanor and felony cases. Under Florida law, a defendant is not entitled to a bond in VOP cases unlike a new substantive criminal charge. Why is it important to hire an attorney that is not afraid to do the work and file a bond motion for you? So you may possibly save time in jail and money on bail!
How I Helped My Client Avoid Further Violations
I had my client turn themselves into the jail on the warrant. This shows the court and prosecutor that you are taking your VOP seriously and looking to resolve your case. It also insures that you are not arrested in the middle of the night or whenever you happen to come in contact with a police officer. It also prevents a person on probation from adding further violations because, eventually, that person will have to report to probation and be arrested. DO NOT FAIL TO REPORT TO PROBATION EVEN IF THERE IS A WARRANT OUT FOR YOUR ARREST! This will only add a violation and make things worse for you.
This charge was a very serious felony offense. Under the Florida sentencing guidelines it was a Level 7 offense which scores 56 points. Violating your probation scores 6 points. However, if you violate your probation by committing a new felony conviction it will score an a minimum of 12 additional points. If you score at least 44 points on the scoresheet, you are scoring a minimum prison sentence. You need a lawyer experienced with probation violation cases, one that knows the law and how to negotiate around a prison sentence.
I Fought to Get Probation Reinstated & Won
I was able to get into court and explain to the prosecutor what really happened in this case and that it was a case of misinformation. By explaining that my client had a defense to the VOP, I was able to get my client reinstated on probation with a time served sentence instead of 2 years house arrest the other Polk criminal lawyer was trying to get for the defendant.
Warrant out for your arrest? Call me, Thomas C. Grajek, an experienced and aggressive VOP attorney that knows how to defend and try a violation of probation case.
CALL AN AGGRESSIVE LAWYER THAT IS NOT AFRAID TO STAND UP IN COURT AND FIGHT FOR YOU!
CALL NOW 863-688-4606
Aggressive defense lawyer handling all felony and misdemeanor cases.
Polk County VOP case 20XX-CF-XXX18X-XX resolved January 2013