What can I do about my husband being arrested on a warrant where the warrant should have never been filed in the first place?

my husband was arrested and put in jail for a vop. I had to come up with $1800 to bail him out. He talked to his probation officer and she apologized and said the clerks office messed up his paperwork and he should not have been arrested but we should still show up for court. He has severe PTSD and depression from OEF/OIF while active duty and this has completely put him over the edge and in a total panic Is there anything that can be done about this its bad enough having to deal with a spouse with severe ptsd but this just cause total unnecessary chaos. I feel sooo bad for him!

Shalimar, FL -

Attorney Answers (3)

William David Umansky

William David Umansky

Criminal Defense Attorney - Orlando, FL

It sounds like he still needs deal with his VOP despite the fact the Court could have summonsed him to appear as apposed to issuing a warrant. Hire a good local probation lawyer who can fight for your husband. I wish you the best of luck!

Please be advised that answering your questions does not establish an attorney-client relationship with myself or... more
Michael Adam Haber

Michael Adam Haber

Criminal Defense Attorney - Miami, FL

This sounds like one of those "sad reality" cases. If the money you paid was in premiums to a bondsman then you are definitely not going to get it back. If it was posted with the clerk then it will be returned.

I agree with my colleagues. Get your husband a lawyer to make sure that the VOP is dropped. Maybe they can negotiate the terms of his probation (amend it to administrative / non-reporting or some other accommodation) while they're at it.

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 I'm sorry about the aggravation (our system is imperfect but it still beats Sharia Law) and best of luck!

Nick Jay Dorsten

Nick Jay Dorsten

Criminal Defense Attorney - Clearwater, FL

I agree with Mr. Umansky. Hire a good, local criminal defense lawyer for your husband.
Good luck,

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