Felony Violation of Probation
Any allegation that you violated felony probation comes with serious consequences. After the probation officer becomes aware of the violation, the probation officer must take action.
You should also take action by contacting an experienced attorney who can represent you at every stage of the case.
Your felony violation of probation case will be heard by a judge in Pasco County at the courthouse in Dade City or New Port Richey. Different procedures might be used depending on whether your violation is for a technical or substantive violation.
Special procedures also apply when you are classified as a Violent Felony Offender of Special Concern.
Attorney for Felony Violation of Probation in New Port Richey, FL
After an allegation that you violated your probation, you should also take action by retaining an experienced criminal defense attorney in New Port Richey, FL, to help you resolve the alleged violation on the best possible terms.
Your attorney can help you come into compliance with the special terms and conditions of probation and contact the probation officer on your behalf, especially during that period of time before a warrant is issued or a hearing has been set.
Our goal is helping you come into compliance with all of the terms of your probation so that you can avoid being punished for any violation. Additionally, we help clients apply for early termination of their probation once all the special conditions are completed.
Rules for Felony Violation of Probation Cases in Pasco County, FL
Administrative Order No. 2016-010 PA/PI-CIR explains the procedural rules for violations of probation for felony probation or community control. The administrative order was signed on March 1, 2016.
The administrative order was sent to all of the judges, the Honorable Bernie McCabe, State Attorney, the Honorable Bob Dillinger, Public Defender, the Honorable Paula S. O’Neil, Clerk of the Circuit Court, Pasco County, the Trial Courts Administrator, the Secretary for the Florida Department of Corrections.
The administrative order was enacted to specify the types of violations of probation that are to be reported by a technical violation letter or Notice to Appear in accordance with section 948.06, Florida Statutes, and to direct that these violations be submitted to the judge assigned to section Q or the assigned section judge.
The order explains the rules needed to ensure that technical notification letters and Notices to Appear are to be submitted to the assigned section judge, and in accordance with Article V, section 2, Florida Constitution, Rule of Judicial Administration 2.215, and section 43.26, Florida Statutes.
Community Control in Pasco County, Florida
In felony cases resolved in the courthouse in New Port Richey or Dade City, FL, the court might sentence the defendant to community control instead of incarceration in prison. In many cases, community control is followed by a term of regular felony probation. The court determines the special conditions of community control at the time of sentencing.
Under Section 948.001(3), F.S., the term “community control” is defined as a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads. The community control program in Pasco County, FL, is structured to accommodate a person, who without the program, might return to jail or prison.
After the probation officer alleges a violation of community control, the procedures are similar to the procedures used after an allegation of violation of probation.
The Technical Notification Letter after a Probation Violation
Under the administrative order in Pasco County, the Department of Corrections (“DOC”) 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 do any of the following:
- perform required community service, or committed an ordinance violation;
- pay court costs under a payment plan;
- obtain permission prior to leaving the county,
- make restitution payments;
- obtain permission prior to moving from an approved residence;
- obtain permission prior to leaving approved employment;
- comply with the terms of curfew;
- follow instructions of the probation officer;
- be truthful to the probation officer; or
- report to the probation officer as directed.
When such a violation occurred, the DOC in Pasco County, FL, 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; or
- has committed a second-degree misdemeanor.
A technical notification letter or affidavit and Notice to Appear is to be submitted to the assigned section judge.
For a technical notification letter, if the judge in Pasco County, FL, 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 in the Sixth Judicial Circuit 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 DOC 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 arrest of the offender, the judge shall return the Notice to Appear to the DOC with a directive to promptly submit a warrant.
VOP Cases with an Affidavit and Warrant in Pasco County
The DOC shall report all other alleged violations of probation or community control by submitting an affidavit and warrant. The affidavit and warrant is to be submitted to the assigned section judge in Pasco County, FL.
When the DOC submits an affidavit regarding a person alleged to have violated probation or community control the DOC shall indicate whether:
- the DOC seeks a warrant for the arrest of the offender or is requesting the Court to issue a Notice to Appear;
- whether the offender has ever been convicted of committing or is currently alleged to have committed a qualifying offense as defined in section 948.06, Florida Statutes.
If the DOC requests a Notice to Appear, the DOC 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 shall set a date for a hearing on the violation. The DOC is to provide notice to the offender. The attached form Notice to Appear in Attachment A may be used.
When a Notice to Appear is to be issued, the DOC shall submit an original and four (4) copies to the Court. The Court shall sign the original and provide the original to the Clerk, two copies to the DOC, one copy to the State Attorney, and one copy to the Public Defender.
If the DOC is unable to provide notice to an offender of the hearing date, the DOC shall prepare a warrant for the offender’s arrest.
Forms for the Notice to Appear in a Felony VOP Case
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA
IN AND FOR PASCO COUNTY CRIMINAL DIVISION
STATE OF FLORIDA, Case No.:
DEFENDANT. SPN: _____________________
DOC #: _____________________
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 _____________, 20___ at ______ am / pm.
_____ You are ordered to appear at the the Robert D. Sumner Judicial Center, 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.
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. Please contact the Public Information Dept., Pasco County Government Center, 7530 Little Road, New Port Richey, FL34654; (727) 847-8110 (V) for proceedings in New Port Richey; (352) 521-4274, ext. 8110 (V) for proceedings in Dade City or New Port Richey at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
Original – Clerk
First & Second Copy – DOC
Third Copy – State Attorney
Fourth Copy – Public Defender Sixth Judicial Circuit
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, March 1, 2019.