Affidavit for Violation of Probation
If your probation officer believes that you have violated your probation in a felony case, then the probation officer will file a “Florida Department of Correction Affidavit of Violation of Probation.” The affidavit will state 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 the things you did or thing you failed to do as required in your order of probation. If you are charged with Violation of Probation in Tampa or Plant City in Hillsborough County, FL, then contact an attorney at the Sammis Law Firm. We can help you fight for the best result. 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 VOP case is assigned to “Divison K” if the allegation of violation of probation alleges a technical violation or a new arrest for a misdemeanor.
In felony VOP cases in which the allegation of probation violations allege a new felony arrest or conviction, then the case will go back to the Hillsborough County, Florida, division in which the defendant was originally sentenced. In those cases, the defendant will usually be brought back before the judge that originally sentenced the defendant to probation.
We also represent clients charged with violating probation in Clearwater or St. Petersburg, FL. Read more about VOP in Pinellas County.
If you violated your probation in a misdemeanor case, then you will go back to the division where you were originally placed on probation usually to see the same judge that put you on probation.
The Report in a Violation of Probation Case
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.
Types of Violation of Probation Cases
The types of violation of probation reports issues are either for non-compliance with conditions listed in the order of probation, an arrest on new charges, or for 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.
Finding an Attorney for Probation Violations in Tampa, FL
If you have been arrested or believe that you might be arrested for violating your probation for a case in Plant City or Tampa, FL, then contact an experienced attorney at the Sammis Law Firm. We represent clients on VOP cases in Tampa and the surrounding areas throughout Tampa Bay.
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.
This article explaining the VOP report was last updated on Saturday, March 5, 2016.