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Violation of Probation (VOP)

Types of Violations

Violations of Probation can fall under two possible categories. Either it is considered a Substantive Violation, which means you were arrested for a different crime while on probation or a Technical Violation, which means you have been accused of not meeting the agreed upon terms of your probation. These violations can vary considerably and common violations involve not notifying your probation officer (PO) that you've moved, a positive test for alcohol or drugs, not completing an agreed upon drug or alcohol treatment program, left the state without permission or failed to pay required court fees.

Technical Violations

The administrative order provides that the Department of Corrections may report alleged violations of probation or community control by a technical notification letter or by affidavit and a Notice to Appear when the offender:

1. Fails to report to the probation officer as directed

2. Fails to be truthful to the probation officer

3. Fails to follow instructions of the probation officer

4. Fails to obtain permission prior to moving from an approved residence

5. Fails to obtain permission prior to leaving approved employment

6. Fails to comply with the terms of curfew

7. Fails to obtain permission prior to leaving the county

8. Fails to make restitution payments

9. Fails to pay court costs under a payment plan

10. Fails to perform required community service

11. Commits an ordinance violation

Examples of Violations Reportable by an Affidavit and Proposed Notice to Appear

1. Has positive results of a drug screen (including a urine test)

2. Has committed a second degree misdemeanor

Other Alleged Violations of Probation and Community Control

For all other types of alleged violations, the Department of Corrections is required to report the violation by submitting an affidavit and warrant.

Procedures for DOC When Submitting the Affidavit of VOP

When the Department of Corrections submits an affidavit regarding a person alleged to have violated probation or community control the Department is required to:

1. Indicate whether the Department seeks a warrant for the arrest of the offender or is requesting the Court to issue a Notice to Appear and;

2. Indicate whether the offender has even been convicted of committing or is currently alleged to have committed a qualifying offense as defined in s. 948.06, Florida Statutes

If the Department requests a Notice to Appear, the Department may also request that the date of the hearing be set after the next scheduled appointment with the offender. When the Court signs a Notice to Appear, the Court is required to set a date for a hearing on the violation. The Department of Corrections is to provide notice to the offender. The administrative order contains a form Notice to Appear that may be used to provide notice to the offender of an upcoming court date on the Notice to Appear.

Contact Plotnick Law, PA to handle your Violation of Probation (VOP)


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