First, contact the attorney that got your case expunged. The order signed by the judge must be sent to the sheriff, arresting law enforcement agency, etc. The order does not control the private websites that have posted your booking photo. You must contact each one and pay to have your booking photo removed. You can visit our law firms web site for a list of agencies that can unseal a criminal record. The website is www.greenfeldermander.com or you can call me at the office at (352) 567-0411.
There are exceptions in the sealing statute. One of the exceptions includes applicants for a position licensed by the Agency for Healthcare Administration. If you are an applicant with this Agency, you cannot lawfully deny or fail to acknowledge your arrest. The Agency for Healthcare Administration will likely be able to see the sealed record. For more information, please visit http://www.greenfeldermander.com/criminal-defense/sealing.html. This is the law firm's website and sealing page.
The State of Florida may be able to proceed with the VOP due to allegations of other conditions of probation that were violated. Also, they may still proceed with the VOP if the new charges are dropped and there are no other conditions alleged to have been violated.
Fla. Stat. 316.1936(5)(a) states a passenger of a vehicle in which the driver operating the vehicle pursuant to a contract to provide transportation for passengers and such driver holds a valid commerical driver's license with a passenger endorsement issued in accordance with the requirements in Chapter 322 is exempt from the open container law. You still need to check local ordinances for laws specific to the county or municipality you are in.
Most judges will hold you with no bond if the violation of probation charge (VOP) is a felony. That means you will remain in custody until the new charge and the VOP charges are resolved. Also, probation officers do not reinstate. Judges can reinstate you to your probation. Probation officers only make recommendations. It is unknown how much time you will serve due to lack of information in the question. You can contact me at (352) 567-0411 for a free initial consultation.
The maximum penalty on a third degree felony is five years in prison and 15 years on a second degree felony. With your prior record you'll probably score more prison time. I handle cases in Hernando County and my office is in Dade City.
The judge that imposes that last sentence can have his/her sentence run concurrent with any previously imposed sentence. Is the Pasco County case in New Port Richey or Dade City? What judge? Please call the Law Firm of Greenfelder, Mander, Murphy, Dwyer & Morris in Dade City at (352) 567-0411 for a free phone consultation.
I have successful in the past getting warrants recalled without the defendant being present. However many judges will not entertain a motion to withdrawal the warrant unless the client is present in court.