Can my vop warrant for a misdominer be dropped if i pay everything i owe?

Asked over 2 years ago - West Palm Beach, FL

when i violated my probation it was because i was unable to pay it and the probation officer said that if i pay what i owe then my warrant will go away.

Attorney answers (3)

  1. Mark William Oakley

    Contributor Level 18

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    Answered . You had best get a local Florida attorney's response, but generally speaking, warrants do not "go away". They have to be either served on the defendant/suspect, or judicially recalled and/or quashed on motion. What I suspect your PO meant to say was, if you pay off all your fees and other assessments, then the PO would either withdraw the violation or would ask that it be dismissed. Whether that can happen before or at your VOP hearing is a matter that requires a Florida criminal defense lawyer's response, and will obviously require your PO's input.

  2. Benjamin Fernandez IV

    Contributor Level 10

    Answered . Mr. Oakley is correct. Assuming that a probation violation affidavit was filed in your case, you should hire local counsel to defend you at the probation violation hearing. The most common way to prevail in a probation violation matter is to convince the probation officer, or state attorney, who filed the affidavit to withdraw the affidavit.

    Benjamin Fernandez, Esq.
    305-448-1033

  3. Carey Duncan Carmichael Jr.

    Contributor Level 10

    Answered . Teh warrant will have to be served and you will be arrested or the probation officer and/or state attorney will have to recall the warrant, with the Judge's permission and signature of course.

    It won't just go away just because they say so.

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