Few things are more stressful than discovering you have a warrant out for your arrest—especially when it's for something as serious as a violation of probation (VOP). Your mind races with questions: What does this mean? What should I do? Are they coming to arrest me right now?
First and foremost, know that you have rights and options. But in this high-stakes situation, having an experienced Fort Lauderdale probation violation attorney on your side is essential. At the Law Offices of Dave L. Simmons, we've guided countless clients through this complex process, and we stand ready to fight for your future.
What is a Probation Violation?
A violation of probation occurs when you break one or more of the rules or conditions set by the court as part of your probation sentence. Some common violations include:
- Failing a drug test
- Missing a meeting with your probation officer
- Not paying required fines or restitution
- Getting arrested for a new offense
When your probation officer has reason to believe you've committed a violation, they can file an Affidavit of Violation of Probation with the court, leading to a warrant for your arrest.
What Happens After a Probation Violation Warrant Is Issued?
When a VOP warrant is issued, it's almost always a "no bond" warrant. This means you'll likely be held in custody without bail until your VOP hearing. The reasoning is that by allegedly violating probation, you've already shown that you may not adhere to court orders or return for mandated proceedings.
A VOP warrant also immediately suspends your probation. Everything is put on hold until the alleged violation is addressed at a hearing. While this may feel like a terrifying free-fall, remember: You still have the right to challenge the accusations and present your strongest possible defense. That's where your attorney comes in.
Should I Turn Myself In or Wait to Get Picked Up on a VOP Warrant?
The decision to turn yourself in or wait for an arrest is a strategic one that requires careful consideration of the unique facts of your case. Your first call should always be to an attorney who can assess your situation and determine the best course of action. However, some general principles apply:
- Turning yourself in can sometimes lessen the consequences, as it shows accountability and responsibility. You may be able to negotiate a surrender, which could help you avoid spending a weekend or holiday in jail. A lawyer can coordinate with the jail to expedite the booking process.
- If you wait to get arrested, you lose any control over the situation. You could get picked up at work, at home, or during a traffic stop. This can be not only embarrassing but also highly disruptive to your life. And if you're arrested on a Friday night, you may sit in jail until Monday or Tuesday before seeing a judge.
- The most favoarble option is negotiating an In-Court Surrender where the Court allows the ofender to surrender in court instead of the jail allowing for the possibilty of the case being resolved the same day.
Consult with an experienced Fort Lauderdale probation violation lawyer as soon as possible to make an informed decision that protects your rights and future.
What Are the Consequences of a Probation Violation in Florida?
The consequences of a probation violation are serious. If the court finds that you've willingly and substantially violated your probation, the judge has several options:
- Reinstate your probation with the same terms and conditions
- Modify your probation terms, potentially adding more conditions, extending the probation period, or requiring counseling or treatment
- Revoke your probation entirely and resentence you to any punishment that could have been imposed originally, up to the maximum for the underlying offense
- Terminate probation and sentence you to jail or prison
In other words, you face the possibility of restarting probation from scratch or landing behind bars for the remainder of your sentence. The outcome depends on the nature of the violation, the facts of your case, and the skill of your legal representation at your VOP hearing.
Powerful Representation for Broward County Probation Violation Charges
When you've been accused of violating your probation, the stakes couldn't be higher—your freedom and your future hang in the balance. That's why you need a fierce legal advocate who knows how to handle complicated VOP cases. As a former prosecutor, attorney Dave Simmons has invaluable insight into both sides of the courtroom, and he'll leverage that knowledge to build your strongest defense.
Our skilled legal team will guide you through every step of the process with straight answers and unwavering support:
- Help you decide whether to turn yourself in and possibly negotiate your surrender to minimize jail time
- Attend your first appearance hearing to argue for your release pending the VOP hearing
- Thoroughly investigate the alleged violation and gather evidence to support your case
- Provide compelling representation at your VOP hearing to aggressively challenge any unlawful allegations and argue for a favorable resolution
Remember: You don't have to admit to a probation violation, and you shouldn't try to handle this stressful situation alone. If you've discovered a VOP warrant in your name, the experienced defense team at the Law Offices of Dave L. Simmons is here to help.
