Is this a violation of probation on an extension per the judge?

Asked over 1 year ago - Bradenton, FL

My husband recently went to court on an old 10.5 yr's violation of probation. Old terms were 3 years starting 2001. The judge ruled the probation had ended in 2005 so he could not reinstate it. Instead, he extended it starting on the date of the recent court hearing until 12 months later. Upon visiting his PO after court, we were told there was a warrant in the county we reside for an accident he had 6 months previous to the current court date which we knew nothing about. He was never arrested, only received an accident report. Nothing was ever received in the mail as well. His PO wants to violate him, but is this possible? He knew nothing about the new warrant nor was it able to be found when his current attorney checked the database. Btw 2005 and current 2013, is this possible?

Attorney answers (5)

  1. Michael Adam Haber

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    Contributor Level 20

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    Answered . Respectfully, your question is complicated, cryptic and lacking in sufficient detail to give you a case specific answer.

    The generic rule for VOP's is that you can be violated for any act (or proscribed omission) that you are alleged to have committed during the time that you were on probation. If you are noticed of an impending arrest while on probation, but the facts and circumstances which led to the arrest preceded the probationary term, then you cannot be violated for it even though you can be substantively prosecuted while on probation.

    I know that's confusing so let me try it this way: You are put on probation Jan 1, 2013. You are serving your probationary term. On March 1st, 2013 you are told that you have a warrant for your arrest in another jurisdiction. Your PO says she's going to violate you. As it turns out the warrant is for something that happened in the other jurisdiction on November 1st, 2012 (before you were placed on probation). Your PO can try to violate you, but because the incident occurred before you were placed on probation she will fail and the affidavit of violation will be dismissed. However, the other jurisdiction can serve the warrant and prosecute you for whatever it is that the warrant concerns.

    I don't know if that is your situation or not (as I said up front, your question is complicated, cryptic and lacking in sufficient detail to give you a case specific answer) but I hope that it helps anyhow.

    The best way for you to get competent advise is going to be to have a face-to-face meeting with a criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as fact-check on-line by searching records and making phone calls. I suspect that itts going to be very difficult, if not impossible, for you to get the answers you seek any other way,

    Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/ - and click on the "Find A Lawyer" tab).

    Either way best of luck!

  2. Colleen M. Glenn

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    Contributor Level 17

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    Answered . It's impossible to tell at this point. Is he being supervised out of the Bradenton probation office? If so then the PO should be able to explain to an attorney the basis of the violation and the attorney may be able to convince the PO not to go forward with a violation.
    www.colleenglenn.com

  3. George C. Mangrum

    Contributor Level 15

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    Answered . Im not quite following your question. How was your husband still on 3 years of probation that started in 2001? Did he abscond for 13 years and just get reinstated? If so he could still be on the hook for any crimes or violations that he committed between 2001 and 2013, that were not addressed previously in the VOP. Feel free to call me if you have any more questions.

    For more information or to set up a free initial consultation contact the Mangrum Law Firm at 407-349-7474 or... more
  4. Anthony Michael Solis

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    Contributor Level 20

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    Answered . It is entirely possible. Best to get a lawyer. PO sounds like an ass.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  5. Dean George Tsourakis

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    Contributor Level 20

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    Answered . your factual statement is very confusing. according to your facts the probation expired in 2006 12 months from 2005. The warrant has to be filed before the probation expires. you had better hire a lawyer. id the probation get extended before it expired in 2004?

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