Florida DUI Violation of Probation Tampa DUI Probation Attorney

If you are on DUI probation and believe that you have violated probation, community control or house arrest, contact an experienced criminal defense lawyer with the Sammis Law Firm to discuss your case today.

We represent men and women charged with violation of probation for DUI in Plant City and Tampa in Hillsborough County, in St. Petersburg and Clearwater for Pinellas County, in Bartow and Lakeland in Polk County, in New Port Richey and Dade City in Pasco County, and in Bradenton in Manatee County, Florida. Call 813-250-0500 to speak directly with an attorney about DUI probation case today.

The "No Bond" Warrant in a DUI VOP Case

If you enter a plea to DUI in Hillsborough County or one of the surrounding counties throughout the greater Tampa Bay area, Florida law requires certain minimum conditions, including an adjudication of guilt or a criminal conviction. Even for a violation of probation after a first DUI, the consequences are serious. First, the court can sign an arrest warrant with a "no bond" provision. If your warrant contains a "no bond" provision, then after your arrest you may not be able to bond out until you go back to see the judge that originally put you on probation which can take several weeks in some cases.

Instead of waiting in jail to see the judge to resolve the case, many people hire a private criminal defense attorney to file for an emergency hearing that allows you to walk into the courtroom with your attorney to ask the judge for special relief, including withdrawing the "no bond" warrant or setting a reasonable bond. In many of these cases, the probation violation alleges only a technical violation such as failing to complete community service, DUI school or counseling, or paying fines or court costs in a timely matter.

Your attorney may be able to convince the judge to give you another chance to complete all the conditions of probation. If the probation officer tells you that you have violated your probation, continue to report to the probation officer until the warrant is ready. Any failure to report is another strike against you that makes it less likely that the court will give you another chance.

The Potential Consequences of a VOP in a Florida DUI Case

If you admit that you violated probation, the judge can sentence you up to the statutory maximum allow by law which generally is as follows:

1. For a first DUI the maximum sentence is six (6) months in the county jail;
2. For a second DUI the maximum sentence is nine (9) months in the county jail;
3. For a third DUI charged as a misdemeanor the maximum sentence is twelve (12) months in the county jail;
4. For a third DUI charged as a felony the maximum sentence if five (5) years in Florida state prison.
5. For a fourth or subsequent DUI charged as a felony the maximum sentence is five (5) years in the Florida State Prison.

Act Quickly to Find a Resolution to Your DUI VOP Case

If you believe that your probation officer may allege that you violated probation, you must act quickly. Contact a criminal defense attorney in Hillsborough County, Florida, to see what options might be available to you under the particular facts and circumstances of your individual case.

You attorney may be able to contact your probation officer to see if you can be granted additional time to complete the terms of probation. The attorney may be able to give you advice about actions you can take now to attempt to redeem yourself or at least attempt to come into compliance before the violation of probation hearing.

Avoiding Going into Custody in Certain Cases

If that is not possible, your attorney can file a "Motion to Surrender" which allows you to go to court to see the judge with your attorney to ask the judge to withdraw the warrant or grant a bond. In certain cases, you may be able to walk into the courtroom with your attorney, and walk out of the courtroom with your attorney after the Motion to Surrender without having to go into custody. If a motion to surrender is not possible or successful, an attorney can usually get you back in front of the judge within a matter of days to resolve the case.

Resolving the Case - Admit or Deny

In fighting the allegation, your attorney may be able to show the court that the alleged violation was not willful or substantial. An attorney can help you fight any new criminal charges that you received while on probation. If the court finds that you did not actually violate probation, you can be reinstated on probation with the same terms and conditions. If the court finds that you did violate probation, your attorney can argue that you deserve a second change to complete the terms of your original probation without having to serve any jail time.

You may also be eligible for Early Termination of DUI probation in Hillsborough County. Getting your probation terminated as soon as you have completed all the special terms and conditions is the best way to avoid any future violation.

If you are on probation for DUI and believe that you will violation probation, house arrest or community control then contact a Violation of Probation Lawyer at the Sammis Law Firm. Our Tampa Criminal Lawyers offer free consultations so that you can discuss your case with an attorney in the office or over the phone. Call 813-250-0500 today.

Violation of Probation Information Center

Order of Probation - After you are place on probation read the order of probation carefully so that you understand each requirement (called "special conditions") that you must complete and the time limitations imposed on completing those special conditions of probation.

Violation of Probation in Tampa, Hillsborough County, FL - Find out more information about how probation violations are handled in Tampa and Plant City for Hillsborough County, FL.

Violation of Probation in Clearwater and Pinellas County - Find out more information about how probation violations are handled in Clearwater North Traffic Court, St. Petersburg South County Traffic Court, and the Pinellas Criminal Justice Center in Clearwater, FL.