Okay. I had a motion on the 17th September and the judge denied my request to extend probation which is due on December to pay off my restitution but said that if I showed good faith effort do make payments, that I would have to be before him and he would grant deal or lien until all the restitution is finalized. Now, I called my Probation Office cause I needed to reschedule my monthly appointment, only to be told that I had a warrant for violation of probation which I don't understand why. Now I'm filing a motion for order show cause to see judge on the 16th to hear my case yet again. Question is, what did I do to get a violation? I'm making payments weekly for my restitution, so what can the judge do? I have am excellent job now as a store manager and will lose it if I go to jail
Please hire a local attorney today who may be able to quash the warrant or arrange a walk-through turn-in. Seriously, you cannot do this by yourself.
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You are asking the wrong folks.
We (cyber-lawyers) cannot tell you why you have a warrant.
You need a real world lawyer to investigate your case and then to piece together a defense to keep you out of jail and gainfully employed.
My advise is that you get offline and into a skilled and experienced 813 area criminal defense lawyers office asap.
Warrants are p-o-i-s-i-o-n. Plain and simple. You have to tackle them head on or they will take you down, with prejudice.
As for the monetary component of your question: There is no such thing as a debtor's prison in the US or FL. That said, if you willfully and substantially fail to comply with the conditions of your probation - including making court ordered payments - then a violation can be filed and, if the court finds that you both willfully and substantially failed to comply then you can be incarcerated.
But in order to incarcerate you for failure to pay the court must first hold a hearing and afford you due process, including a right to present evidence that your failure to make your Court Ordered payments was not willful - that is to say that you could not (not that you chose not to) make the payments. If you truly could not then your violation should not be considered "willful", and without that necessary component you cannot be violated and incarcerated.
The Court has other alternatives to jailing you; namely it can choose to extend your probation (so as to afford you more time to pay) or it can convert your payments into what is referred to as a "criminal order" (a non-dischargeable debt which you can be held to pay even after your probation is terminated).
All of this said, if you know that you will not be able to make your payments (as it appears from your question) then you will be best advised NOT to wait for your PO to violate you and instead you should consider causing the matter to be brought before Judge beforehand - thereby hopefully impressing your Judge by your preemptive demonstration of a respectable level of acceptance of responsibility.
If you truly cannot make your payments and if you have a lawyer then you should discuss this with her / him and have a preemptive motion filed; if not then you should consider asking your PO if s/he will assist you to get the matter in front of the Judge now, as opposed to waiting for an imminent violation.
Either way so long as you are not spending your money on superfluous things and you are truly strapped for cash (and given your tragic familial issues) then I am confident that the good Judges of the 13th Judicial Circuit will show some compassion and understanding to your situation.
I hope that I have been helpful in answering your question.
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Go to the clerk, ask to see the file, and in the file there might just be an affidavit and an accompanying warrant for your arrest. You filed a motion for order to show cause?
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
You need to be filing a Motion to Recall the Warrant or Motion to Quash the Warrant. You definitely need to retain an attorney to help you. Most AVVO attorneys like myself, offer a free initial consultation. Good luck.
B. Elaine Jones, Esq.
You can file a motion to recall the warrant and release your on your own recognizance. The goal is to walk in to court at 8:30 in the morning with your lawyer and walk out with your lawyer. In Tampa your lawyer could get in front of the judge on a technical violation usually within one business day. You're probably being violated for failure to pay in addition to anything else which we would not know until we look at your VOP affidavit.
You are being violated because restitution is still due and your probation is about to end. If your probation expires before they violate you for not paying, there is no jurisdiction, your probation is over, and they cannot collect restitution. You can avoid going to jail by hiring a lawyer to file a Motion To Withdraw the Warrant and Release on your own Recognizance. In effect you are self-surrendering to the court through your lawyer before the Judge who issued the warrant. Your lawyer will advise you of the likelihood of you being taken into custody. In your case, if the court determines that you have made good faith effort to pay through receipts of other proof of payment, it is unlikely you will go to jail because the violation must be willful. In other words, it has to be shown that you are intentionally not paying while having the ability to do so. You need to hire a lawyer who will file the proper motion to withdraw the warrant and give you additional time to pay what you can.
It is hard to know for certain based on the limited information provided but it appears you were violated for failure to pay restitution. One of the other Attorneys who responded offered a good suggestion about viewing the Court file to see the actual VOP warrant, which will list the alleged violation(s). As was mentioned by others, filing your own Motions & attempting to represent yourself is almost always a REALLY bad idea. You should consult with a Lawyer in your local area. Find one that will do a free consult and let them help you to try to address this matter ASAP. Good luck!
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You should consult with an attorney in your area to help you with this matter.
This response should not be used as a substitute for obtaining legal advice from an attorney licensed to practice in your jurisdiction. This response does not establish an attorney-client relationship.
You need to hire an experienced criminal defense attorney.
That said, VOPs are very different cases. There's no jury, there's no beyond a reasonable doubt standard, hearsay can often be admitted into evidence, etc. Even for technical violations (no new crimes) you can be held on a VOP warrant with no right to bail in FL. VOP hearings aren't very defense friendly.
You need to find the affidavit from your PO that forms the basis of the allegations the State used to file the VOP. That affidavit is part of discovery.
If it's merely an issue of restitution, and you can show an inability to pay or a good-faith mistake as to why payment wasn't rendered then the Court could rule in your favor. At lot also depends on the recommendation of probation and the State as to whether they will unsuccessfully terminate probation or reinstate you.
Find an attorney with experience in these matters. These answers should merely guide you in thinking about what issues you may face; it's not legal advice until you find a lawyer to discuss the specifics of your case.
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