What does it mean when you put new charges on top of a VOP? Also What is a Cap Bond or Bond Cap?

Asked almost 4 years ago - Ormond Beach, FL

I know that I do not make sense for I am clueless of this part of the law. I am not sure how to ask questions but please bear with me.
My friend been incarcerated since 12/10, VOP. Now they decided to add something else on top of her VOP. What does this mean? She has VOP on SALE OF SCHEDULE II SUBSTANCE, POSSESSION OF SCHEDULE II SUBSTANCE (2) and now after all this time somebody with nothing else to do decided to add new charges P/TRAFFICKING on top of everything they have been charge. What does this mean?
There is a bond hearing finally after all this time set up but this person was asking me what a Cap Bond is. Is there such a thing or am I asking it backwards like Bond Cap? I appreciate all your help.

Attorney answers (1)

  1. Eric J Trabin

    Contributor Level 19

    Answered . A violation of probation ("VOP") is filed when a person who is on probation violates a condition of their probation. The violation can be techincal, a new law offense, or both.

    A technical violation occurs when a person on probation does something or fails to do something required by probation. This includes, but is not limited to, a positive drug test, failure to do community service, failing to take a required course, having contact with a person where the court ordered no contact as a condition of probation, et cetera.

    A new law offense violation occurs when a person on probation is charged with a new crime. So a person can be on probation for sale/delivery of a controlled substance and while on probation they are arrested for a new alleged crime.

    And of course a person can have both technical and new law offense violations as part of the VOP. Probation can also amend an affidavit of VOP to add allegations that were not previously known.

    Trafficking could mean a couple things. Usually trafficking refers to a kind of drug charge involving a large quantity. Drug trafficking charges carry minimum mandatory prison sentences. There's another crime called Dealing in Stolen Property which is also referred to as trafficking. So it depends what the nature of the trafficking is. Bottom line is a person can be placed on probation and violate a number of ways. Often there is no bond when someone is held on a VOP but the court is allowed to grant a bond. Your friend should consult an attorney to file a motion for bond, investigate the VOP and new law offense, try to resolve the cases with the state, or take it to trial. Your friend is likely facing serious charges and needs an attorney.

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