VIOLATION OF PROBATION WARRANT

A Violation of Probation Warrant is an arrest warrant that can be issued for violations of the conditions of probation as quickly as the same day as the violation. In some cases, warrants may take a day or two to issue. A probation officer must prepare all necessary documents and refer the issue to the prosecutor in order to get the arrest warrant.

If someone has been arrested in Florida on a Violation of Probation warrant, it means the probation officer has sent a warrant to the judge, the judge has signed it saying they have violated your probation. 

If it’s a technical violation, that means there’s no new crime. 

We can often have the judge release the Defendant on a low bond or perhaps even released on their own recognizance, depending on the circumstances.

If it’s a new crime, we can challenge the probable cause on that, so just because a Defendant has a violation of probation warrant doesn’t mean that their no bond is going to remain that way.

We’ve often been able to get clients out of custody on low bonds or none, even on a violation of probation (VOP) warrant.

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Florida Law regarding Violation of Probation:

2020 Florida Statutes, Chapter 948 – Probation and Community Control

948.06 Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.—

(1)(a) Whenever within the period of probation or community control there are reasonable grounds to believe that a probationer or offender in community control has violated his or her probation or community control in a material respect, any law enforcement officer who is aware of the probationary or community control status of the probationer or offender in community control or any probation officer may arrest or request any county or municipal law enforcement officer to arrest such probationer or offender without warrant wherever found and return him or her to the court granting such probation or community control.
(b) Any committing trial court judge may issue a warrant, upon the facts being made known to him or her by affidavit of one having knowledge of such facts, for the arrest of the probationer or offender, returnable forthwith before the court granting such probation or community control. In lieu of issuing a warrant for arrest, the committing trial court judge may issue a notice to appear if the probationer or offender in community control has never been convicted of committing, and is not currently alleged to have committed, a qualifying offense as defined in this section.
(c) If a probationer or offender on community control commits a technical violation, the probation officer shall determine whether the probationer or offender on community control is eligible for the alternative sanctioning program under subsection (9). If the probation officer determines that the probationer or offender on community control is eligible, the probation officer may proceed with the alternative sanctioning program in lieu of filing an affidavit of violation with the court. For purposes of this section, the term “technical violation” means an alleged violation of supervision that is not a new felony offense, misdemeanor offense, or criminal traffic offense.
(d) If a judge finds reasonable grounds to believe that a probationer or an offender has violated his or her probation or community control in a material respect by committing a new violation of law, the judge may issue a warrant for the arrest of the person.
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