VOP in Pinellas County, FL
Section 948.06(1), Florida Statutes, authorizes a judge to issue a Notice to Appear instead of issuing a warrant for the arrest of the probationer. The statute also authorizes the Chief Judge in each judicial circuit to direct the Department of Corrections to use a technical violation letter in lieu of a violation report, affidavit, or warrant in certain circumstances.
If the violation is for a new misdemeanor or felony then the statute does not allow the procedure for a “technical notification letter” to be used. If the new violation is for an ordinance violation then the technical notification letter or affidavit and Notice to Appear procedure can still be used if otherwise permitted.
If the Chief Judge intends to use the “technical notification letter,” then the Chief Judge must specify in writing the types of violations that are to be reported by such a letter.
In order to address these issues, the Chief Judge for the Sixth Judicial Circuit in Pinellas County signed Administrative Order 2007-081 PA/PI-CIR on September 1, 2007.
The administrative order rescinded Administrative Order 2007-073 PA/PI-CIR. That administrative order discusses “amended violations of felony probation or community control” in Pinellas County or Pasco County, FL.
The most important thing to realize about this procedure is that if the Department of Corrections is unable to provide notice to an offender of the hearing date, then the Department of Corrections is required to prepare a warrant for the offender’s arrest.
Therefore, it is particularly important to stay in contact with your probation officer and continue to attend any future meetings as scheduled even if you believe the probation officer might attempt to violate you for a technical violation.
Finding a VOP Attorney for Pinellas County, FL
If you received a “technical notification letter” then contact an experienced criminal defense attorney to discuss your case. The attorneys at Sammis Law Firm are experienced in representing clients with VOP warrants at the courthouse in Clearwater, FL.
If you were put on probation and believe the probation officer will violate you then contact an experienced criminal defense attorney to discuss your case.
We can help you come into compliance faster or deal with a false allegation that you violated probation. We represent clients throughout St. Petersburg and Clearwater in Pinellas County, FL.
Contact an experienced probation violation attorney in Pinellas County to discuss your case today.
Call 813-250-0500 today.
“Technical Notification Affidavit” or Affidavit / Notice to Appear
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:
- fails to report to the probation officer as directed;
- fails to be truthful to the probation officer;
- fails to follow instructions of the probation officer;
- fails to obtain permission prior to moving from an approved residence;
- fails to obtain permission prior to leaving approved employment;
- fails to comply with the terms of curfew;
- fails to obtain permission prior to leaving the county;
- fails to make restitution payments;
- fails to pay court costs under a payment plan;
- fails to perform required community service, or
- commits an ordinance violation.
The administrative order for the Sixth Judicial Circuit in and for Pinellas County and Pasco County also provides that the Department of Corrections may report alleged violations of probation or community control by submitting an affidavit and proposed Notice to Appear when the offender:
- has positive results of a drug screen (including a urine test); or
- has committed a second degree misdemeanor.
Technical Notification Letters or Affidavit / Notice to Appear in Pinellas County
In Pinellas County and Pasco County, a technical notification letter or affidavit and Notice to Appear is to be submitted to the judge assigned to the case.
For a technical notification letter, if the judge agrees that the alleged violation does not require action by the court, the technical notification letter shall be forwarded to the Clerk of the Circuit Court for filing in the court file.
If the judge determines that the alleged violation requires court review, then the judge shall return the letter to the Department of Corrections with a directive to promptly submit an affidavit so that the court may either issue a Notice to Appear or a warrant.
If an affidavit and proposed Notice to Appear is submitted but the judge determines that the alleged violation requires the arrest of the offender, then the judge is required to return the Notice to Appear to the Department of Corrections with a directive to promptly submit a warrant.
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:
- 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
- indicate whether the offender has ever 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.
In the Circuit Court, In and For Pasco County, Florida
Criminal Division
STATE OF FLORIDA,
vs.
__________________,
Defendant.
Notice to Appear
You are hereby ordered to appear to respond to charges that you violated probation. You are ordered to appear at the West Pasco Judicial Center, 7530 Little Road, Courtroom _____ New Port Richey, Florida on _____________, 200___ at ______ am / pm.
Failure to appear for the above-referenced hearing will result in a warrant being issued for your arrest for an alleged violation of probation.
TO BE COMPLETED BY THE DEPARTMENT OF CORRECTIONS:
The above offender is not a Violent Felony Offender of Special Concern.
________________________________
Probation Officer’s Signature
Date:________________________
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you to the provision of certain assistance.
Within two (2) working days of your receipt of this Notice to Appear please contact the Public Information Dept., Pasco County Government Center, 7530 Little Rd., New Port Richey, FL 34654; (727) 847-8110 (V) in New Port Richey; (352) 521-4274, ext. 8110 (V) in Dade City; via 1-800-955-8771 if you are hearing impaired.
In the Circuit Court in and for Pasco County, Florida
Criminal Division
STATE OF FLORIDA,
Case No.: ________________ES
Division: ____________________
SPN: _____________________
DOC #: _____________________
vs.
__________________,
Defendant
Notice to Appear
You are hereby ordered to appear to respond to charges that you violated probation. You are ordered to appear at the Pasco County Courthouse, 38053 Live Oak Avenue, Courtroom _____ Dade City, Florida on _____________, 20___ at ______ am / pm.
Failure to appear for the above-referenced hearing will result in a warrant being issued for your arrest for an alleged violation of probation.
TO BE COMPLETED BY THE DEPARTMENT OF CORRECTIONS:
The above offender is not a Violent Felony Offender of Special Concern.
________________________________
Probation Officer’s Signature
Date:________________________
In the Circuit Court in and for Pasco County, Florida
Criminal Division
STATE OF FLORIDA,
Case No.: ________________CFANO
Division: _____________________
SPN: ______________________
DOC #: _______________________
v.
___________________,
Defendant.
Notice to Appear
You are hereby ordered to appear to respond to charges that you violated probation. You are ordered to appear at the Criminal Justice Center at 14250 49th Street North, Courtroom , Clearwater, Florida, on _____________, 200___ at ______ am / pm.
Failure to appear for the above-referenced hearing will result in a warrant being issued for your arrest for an alleged violation of probation.
TO BE COMPLETED BY THE DEPARTMENT OF CORRECTIONS:
The above offender is not a Violent Felony Offender of Special Concern.
________________________________
Probation Officer’s Signature
This article was last updated on Friday, May 21, 2021.
