Affidavit for Violation of Probation in Tampa
If your probation officer believes you violated your probation in a felony case, the probation officer will file a “Florida Department of Correction Affidavit of Violation of Probation.” The VOP affidavit lists the case number and nature of the underlying charges that caused you to be placed on probation. The affidavit will also describe how the violation allegedly occurred by stating what you did or failed to do as required in your probation order.
The probation officer in Florida is also required to file a violation report, which can request the court take the following action:
- Issue a warrant for your arrest pending a violation of probation hearing;
- Issue a notice to appear for a violation of probation hearing without a warrant;
- Conduct a violation of probation hearing after a warrant-less arrest is conducted; or
- Take no further action.
Attorney for VOP Cases in Florida
If you are charged with Violation of Probation in Tampa or Plant City in Hillsborough County, FL, contact an attorney at the Sammis Law Firm. We can help you fight for the best result. We also represent clients charged with violating probation in Clearwater or St. Petersburg in Pinellas County, or New Port Richey or Dade City in Pasco County, FL.
Call us at (813) 250-0500 to schedule a free initial consultation in the office or over the phone to discuss your case and what you might need to do right o protect yourself from the allegation.
We also represent clients who want to terminate probation early.
Call (813) 250-0500.
If I violate my felony probation, which judge will hear my case?
For felony VOP cases in Hillsborough County, Florida, the case is assigned to Divison K if the allegation of probation violation involves a technical violation or a new misdemeanor arrest.
In felony VOP cases in which probation violations are alleged to have led to a new felony arrest or conviction, the case will return to the Hillsborough County, Florida, division in which the defendant was originally sentenced. You will be brought back before the judge who originally sentenced you to probation.
If you violated your probation in a misdemeanor case, you will usually return to the division where you were initially placed to see the same judge who put you on probation.
Types of Violation of Probation Cases
The types of violations of probation involve one of the following:
- non-compliance with conditions listed in the order of probation;
- an arrest on new charges; or
- a warrant-less arrest.
The Florida violation report will detail any statement you made, including whether you admitted or denied the violation. The report will also indicate whether your statement was not available because you absconded or were not available due to being in custody for a new arrest.
The Florida violation report will discuss your history of supervision, and whether adjudication was withheld. The terms of the original sentence will be listed, as well as whether any prior violations occurred. The Florida probation officer will indicate in the report what progress has been made toward completing any special conditions of probation.
The Florida violation report will include a copy of your Florida Crime Information Center (FCIC) and National Crime Information Center (NCIC) criminal history record, although these records will not be made part of the public record pursuant to Chapter 119 of the Florida Statutes.
The Florida violation report will indicate the following information about your background:
- Whether you are in a stable or unstable residence;
- Whether you are employed, retired, disabled, in school, or unemployed.
- Whether you are current on payments for costs of supervision, restitution, court costs, and fines;
- Whether you have completed any community service that was ordered;
- Whether you have complied with any requirement to participate in a drug or alcohol treatment program, obtain your GED or vocational program.
The probation officer will usually make a recommendation which will include an indication of whether it is appropriate to order any programs or treatment, or further supervision. The probation officer may make a recommendation that the court sentence you in accordance with the Florida Sentencing Guidelines.
Read more about VOP in Pinellas County.
This article was last updated on Friday, December 20, 2024.