Recently, for the first time in this firm’s history of defending violations of probation, a violation of probation report or affidavit included a speeding ticket as an alleged new law or substantive violation. Then, the judge then issued a warrant with no bond, presumably after reading this report or affidavit of violation of probation. They call it criminal defense practice for a reason, everday there is something new. I’ve been involved in the system since 2001 and this was a new one on me.
This case was in Ocala, Marion County Florida. There were other technical violations on the report or affidavit submitted by the probation officer. Therefore, it is still true that this writer has never seen anybody violated just for a traffic ticket. All interactions with law enforcement have to be reported to the probation officer supervising the probationer. Failure to report an interaction is considered a violation and warrants have been issued to clients in my violation of probation practice. merely for not reporting an interaction with the cops. People do a significant amount of prison time as a result of what a VOP attorney should argue are seemingly minor technical violations of probation.
Some people consider probation a trap because of issues like the one that inspired this blog. Having a loved one arrested for a VOP, then finding out the judge issued the warrant with no bond can be extremely scary especially if the incarcerated individual provides significant support to the family or household. Do not go unrepresented thereby letting the government do whatever it wants. Fill out the form, click or call to hire a probation lawyer.