Affidavit of Violation of Probation Florida Florida Violation of Probation Attorney

If your probation officer believes that you have violated your probation in a felony case, the probation officer will file a "Florida Department of Correction Affidavit of Violation of Probation." The affidavit will stated the offenses and case numbers of the underlying offense(s) for which you were placed on probation. The affidavit will also describe how the violation allegedly occurred by stating the things you did or thing you failed to do as required in your order of probation.

In Tampa, Hillsborough County, Florida, the case is assigned to "Divison K" if the allegation of violation of probation alleges a technical violation or a new arrest or conviction on a misdemeanor offense. If the allegation of probation violation alleges a new felony arrest or conviction, then the case will go back to the Hillsborough County, Florida, division in which the defendant was originally sentenced and the defendant will usually be brought back before the judge that originally sentenced the defendant to probation.

The Florida probation officer is also required to file a violation report which can request the court take the following action:

1. Issue a warrant for your arrest pending a violation of probation hearing;
2. Issue a notice to appear for a violation of probation hearing without a warrant;
3. Conduct a violation of probation hearing after a warrantless arrest is conducted; or
4. Take no further action.

The types of Florida violation of probation reports issues are either for non-compliance with conditions listed in theOrder of Probation, an arrest on new charges, or for a warrantless arrest.

The Florida violation report will detail any statement you made, including whether you admitted or denied the violation. The report will also indicate whether your statement was not available because you absconded or were not available due to being in custody for a new arrest.

The Florida violation report will discuss your history of supervision, and whether adjudication was withheld. The terms of the original sentence will be listed, as well as whether any prior violations occurred. The Florida probation officer will indicate in the report what progress has been made toward completing any special conditions of probation.

The Florida violation report will include a copy of your Florida Crime Information Center (FCIC) and National Crime Information Center (NCIC) criminal history record, although these records will not be made part of the public record pursuant to Chapter 119 of the Florida Statutes.

The Florida violation report will indicate the following information about your background:

1. Whether you are in a stable or unstable residence;
2. Whether you are employed, retired, disabled, in school, or unemployed.
3. Whether you are current on payments for costs of supervision, restitution, court costs, and fines;
4. Whether you have completed any community service that was ordered;
5. Whether you have complied with any requirement to participate in a drug or alcohol treatment program, obtain your GED or vocational program.

The Florida probation officer will usually make a recommendation which will include an indication of whether it is appropriate to order any programs or treatment, or further supervision. The probation officer may make a recommendation that the court sentence you in accordance with the Florida Sentencing Guidelines.

If you have been arrested or believe that you might be arrested for violating your probation, contact a Violation of Probation Lawyer in Tampa that is experienced in handling probation violation cases in Hillsborough County, Polk County, Pinellas County, Hernando County, Manatee County or Pasco County. Call a Tampa Criminal Lawyer with the Sammis Law Firm today to schedule a free initial consultation in the office or over the phone to discuss your case and what you might need to do right now to protect yourself from the allegation.

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