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Is there a statute of limitation on violation of probation

Arcadia, FL |

was placed on probation in 2001 transfered to alabama. did the one year ordered but didnt pay all of cost owed. in 2003 florida put a warrant for vop and is still outstanding to date. can this be dismissed because of the limitation law

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Attorney answers 2


There is no statute of limitations for violation of probation. There are arguments to be made for the passage of excess time if that would prejudice your defense of the charge, but in your case you don't need to go to that trouble.

If the issue is purely a money issue, then the power to resolve it lies in your ability to pay what is outstanding. If you can pay it now, then first try to contact the judge's judicial assistant and get yourself a date on the judge's calendar. The idea is to go to court that day and pay the balance and have the warrant recalled. Also, you might try to call the probation people and see if they'll accept the owed money. Sometimes they will, but often once they violate you they will not speak with you. Don't go in person because they may lock you up on the spot. You might also try going to the clerk's office, or send someone, and try to pay the balance.

If they won't give you a date, or take the money, or if you don't have the money, then you may need to get a bit more creative. If you'll have to turn yourself in to get before the judge, then see if there is a bond and pay that first, then you'll be processed in and then be released immediately. Then go to court and tell your story. Try to get all the proof available first that shows you fully complied with the probation other than the money.

In the end, a court date and no money may mean two things - if the court's jurisdiction is over (because the probation was for a misdemeanor charge), they may just recall the warrant and either waive the fees or issue a civil judgment. If jurisdiction still holds, probation could be extended for you to pay. But you shouldn't be jailed for simply not having the money.

If you can afford an attorney, use one to help, or try calling the public defender to help. Good luck.


No limitation on time....but...if you retain local counsel and calendar your case to address the violation you may be ok if you are able to pay the outstanding fees. MOST courts in FL do not want to incarcerate people because of money, unless it is readily apparent that the defendant can pay and just won't.

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