${site.data.firmName}${SEMFirmNameAlt}
Available 24/7 | Hablo Espanol :
877-219-1875

Violation of Probation - When does it end?

In defending violations of probation, a confusing issue for clients is when does the probation period end if there has been a violation affidavit or report filed and a warrant issued, or a warrantless arrest is made, or a notice to appear on the VOP is created. Until recently, the advice by a VOP defense attorney would be that the probationary period is tolled as soon as that warrant is issued, arrest is made or notice is issued.

In a situation where there is no warrantless arrest or notice to appear both the filing of an affidavit of violation and the issuance of an arrest warrant are required to toll the probationary period. Recently, a point was made by an appellate court that has changed the once thought of rule that a VOP warrant tolls the period of probation. That Court in analyzing the Florida law that creates the great big pause button in the sky, noted that the statute referenced a specific statute under which the warrant had to be issued in order to toll, stop or pause the clock running on the probation term.

That other statute under which the warrant must be created specifically requires that a judge be satisfied that probable cause exists for the issuance of an arrest warrant for any crime committed. Therefore, the law requires that the warrant be for a crime. Therefore if the warrants issued were for violations of probation based on other technical not substantive violation such as the failure to make restitution payments, failing a drug test, missing a drug screen, failing to pay for a drug test, missing an appointment etc., then these are not crimes. Warrants for technical VOPs are therefore not issued under that specific section of Florida law and the probation is not tolled.  (click for more on technical and substantive violations)

No legal case including a violation of probation should be handled alone.  Please click, call or fill out the form to see how we can help in a horrendous situation.

Mobley 4D14-3673 and 4D14-3818

No Comments

Leave a comment
Comment Information
Email Us For A Response
Firm Logo Small

Learn How I Can Help You

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Gainesville Office
1031 NW 6th Street
Unit A-2
Gainesville, FL 32601

Toll Free: 877-219-1875
Phone: 352-371-9141
Fax: 352-371-9142
Map & Directions

Mailing Address
PO Box 5355
Gainesville, FL 32627

Toll Free: 877-219-1875
Fax: 352-371-9142

Ocala Office
108 N. Magnolia Avenue
Suite 501
Ocala, FL 34475

Map & Directions

  • Location
    Mailing Address
  • Location
    Gainesville Office
  • Location
    OCALA - By Appointment
    Only