VOP Warrant Set Aside, VOP Dismissed, and New Law Offense (DWLS) Dropped in Tampa

On May 22, 2018, in case 2017-CT-017XXX, the Honorable Scott Farr in Division C granted our motion to set aside a warrant and dismissed our client’s VOP. Our client had a warrant for an inadvertent mistake she made while on DUI probation. She thought the administrative suspension she received as a result of having a breath alcohol result above .08 was one and the same as the criminal Driver License suspension she received as a part of her DUI plea. Because of this, she drove on a license she thought was valid and received a VOP and a warrant. Our client was extremely worried about going to jail on the warrant as she has a career and is in school. Our office filed a Motion to set aside the VOP warrant, and Judge Farr set aside the warrant based on our client’s inadvertent mistake and also dismissed the VOP because her violation was not willful. In addition, because our client secured a valid hardship license, the State also agreed to Nolle Prosse (drop) her new Driving on a Suspended License charge when we provided proof of same on May 31, 2018.

VOP Dismissed in Tampa, Florida

On July 19, 2018, a VOP hearing was held in 18-CM-002XXX in front of the Honorable Miriam Valkenburg in Division A in Tampa, Florida. We argued that this VOP should never have been entered as our client was being violated for failing to take a drug test he should have never been subject to. In the original Judgment & Sentence, the court had ordered drug screens after a 45 day period. Probation elected to have our client submit to a drug screen earlier than he was ordered to, and he missed the urine screen. Because of probation’s error, we were able to get this VOP dismissed.

VOP Warrant Avoided and VOP Dismissed in Polk County

August 13, 2018 – Our client received notice of a probation revocation hearing in Polk County. He was in full compliance with his probation, but some of his requirements were lost in translation. On August 13, 2018, we were able to provide all documentation to probation and convince the Probation Officer to withdraw her VOP affidavit thereby preventing a warrant and preventing our client from having to come to Florida in 2017-CM-009XXX in front of Judge Bennett.

VOP Warrant Set Aside in Absentia, VOP Dismissed, and Probation Terminated in Tampa, Florida 

On August 14, 2018, in 11-CF-011XXX, the Honorable Nick Nazaretian in Division K granted our firm’s Motion to Withdraw the VOP Warrant and Terminate Probation. Our client was placed on probation as a young adult in 2013 for Battery on a LEO and Resisting with Violence. While our client had substantially complied with the terms of probation, he left the country and a VOP warrant was issued. We were abel to present extensive mitigation and brought witnesses to show the court that our client had substantially complied and the reasons why he left the country. Without our client ever coming to court, we successfully had his probation terminated and the warrant withdrawn. He also kept his withhold of adjudication so that he avoided becoming a convicted felon while still having the opportunity to seal his record in the future.

An arrest warrant for violation of probation (VOP) was issued for our client in 2021 after he failed to report and failed to complete some probation conditions. After our client completed the outstanding conditions, we filed a motion to recall the VOP warrant. Prior to the hearing on the motion, we spoke to the State Attorney and convinced them to allow the client’s probation to terminate rather than going forward with a VOP hearing. Once the case was called in court, the State withdrew the VOP affidavit altogether and chose not to move forward with prosecuting the violation of probation. As a result, the warrant was recalled, and his probation was terminated with no violation on October 25, 2022.

Driving Under the Influence Violation of Probation Affidavit Dismissed. Our client’s probation officer violated his probation after he failed to complete his community Service Hours, his DUI School, and treatment. We had our client complete all of his requirements before his court hearing. On March 27, 2023, Honorable Judge Jeffery Rich of Hillsborough County dismissed the Violation of Probation Affidavit and terminated our client’s probation.

Felony Conviction and Prison Avoided on a Violation of Probation – On April 12, 2023, a violation of probation hearing was held in Hillsborough County in front of the Honorable Judge Nazaretian. Our client was alleged to have violated several conditions of his probation and was facing a minimum of 21 months in prison and a maximum of 70 years for all of his combined charges. Our attorney was able to convince Judge Nazaretian to not sentence our client to any prison time and to allow our client to keep his withhold of adjudication on all of his charges. This allowed our client to avoid becoming a convicted felon on 9 different felony charges. Judge Nazaretian sentenced our client to complete a drug program while in custody and terminated his probation so that he had no further probation obligations upon his release.

Our client contacted us after learning that she had an active violation of probation warrant in Hillsborough County, FL. The underlying charges were two counts of Robbery with a Firearm or Deadly Weapon and one count of Attempted Robbery with a Firearm or Deadly Weapon. We filed a motion to withdraw the violation of probation warrant so that our client could avoid having to sit in jail pending a resolution of her case. On November 14, 2023, The Honorable Nick Nazaretian, Circuit Court Judge in Division K, considered mitigation presented to the court regarding the alleged violation and the progress our client made on probation. The court dismissed the violation entirely. This allowed our client to avoid a mandatory minimum 9-year prison sentence and maximum possible penalty of life in prison.

Our client was originally placed on probation by the Honorable Judge Vaccaro in Pinellas County in September of 2023 for one count of misdemeanor Criminal Mischief. The client was violated by probation for technical violations due to failure to pay financials and testing positive for cocaine on a random urine analysis on December 8, 2023. The client was arrested on the Violation of Probation warrant on December 31, 2023. The client hired Sammis Law Firm on January 2, 2024. Ms. Vento immediately filed a “Motion to Release on Recognizance or in the Alternative Set a Reasonable Bond.” After filing the motion, Ms. Vento scheduled the motion to be heard on January 8, 2024. On that date, the State Attorney’s Office offered 60 days for the violation of probation. The client had paid all the financial obligations and only had the positive urine screen violation left. After negotiating with Judge Vaccaro, Ms. Vento was able to have the client plead no contest to violating probation for a 21 day jail sentence with credit for 10 days served. The client ended up being released from jail on the day the Violation of Probation arraignment was originally scheduled.

On August 21, 2023, we convinced the State Attorney’s Office to drop an Aggravated Battery with a Deadly Weapon charge. We also got the court in another county to dismiss the accusation of violation of probation a few weeks later.