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Administrative Orders for Violation of Probation in Pinellas County, FL

Section 948.06(1), Florida Statutes, authorizes a judge to issue a Notice to Appear instead of issuing a warrant for the arrest of the probationer.  The statute also authorizes the Chief Judge in each judicial circuit to direct the Department of Corrections to use a technical violation letter in lieu of a violation report, affidavit, or warrant in certain circumstances.  If the violation is for a new misdemeanor or felony then the statute does not allow the procedure for a “technical notification letter” to be used. If the new violation is for a ordinance violation then the technical notification letter or affidavit and Notice to Appear procedure can still be used if otherwise permitted. 

If the violation is for a new misdemeanor or felony then the statute does not allow the procedure for a “technical notification letter” to be used. If the new violation is for a ordinance violation then the technical notification letter or affidavit and Notice to Appear procedure can still be used if otherwise permitted. 

If the Chief Judge intends to use the “technical notification letter,” then the Chief Judge must specify in writing the types of violations that are to be reported by such a letter.  In order to address these issues, the Chief Judge for the Sixth Judicial Circuit in Pinellas County signed Administrative Order 2007-081 PA/PI-CIR on September 1, 2007. The administrative order rescinded Administrative Order 2007-073 PA/PI-CIR. That administrative order discusses “amended violations of felony probation or community control” in Pinellas County or Pasco County, FL. 

The most important thing to realize about this procedure is that if the Department of Corrections is unable to provide notice to an offender of the hearing date, then the Department of Corrections shall prepare a warrant for the offender’s arrest. Therefore, it is particularly important to stay in contact with your probation officer and continue to attend many future meetings as scheduled even if you believe the probation officer might attempt to violate you for a technical violation.

If you received a "technical notification letter" then contact an experienced criminal defense attorney to discuss your case. The attorneys at the Sammis Law Firm are experienced in representing clients with VOP warrants at the courthouse in Clearwater, FL. Call us to discuss your case at (813) 250-0500. 


Types of Violations Reportable by a “Technical Notification Affidavit” or Affidavit / Notice to Appear

The administrative order provides that the Department of Corrections may report alleged violations of probation or community control by a technical notification letter or by affidavit and a Notice to Appear when the offender:

  1. fails to report to the probation officer as directed;
  2. fails to be truthful to the probation officer;
  3. fails to follow instructions of the probation officer;
  4. fails to obtain permission prior to moving from an approved residence;
  5. fails to obtain permission prior to leaving approved employment;
  6. fails to comply with the terms of curfew;
  7. fails to obtain permission prior to leaving the county;
  8. fails to make restitution payments;
  9. fails to pay court costs under a payment plan;
  10. fails to perform required community service, or
  11. commits an ordinance violation.

Examples of Violations Reportable by an Affidavit and Proposed Notice to Appear

The administrative order for the Sixth Judicial Circuit in and for Pinellas County and Pasco County also provides that the Department of Corrections may report alleged violations of probation or community control by submitting an affidavit and proposed Notice to Appear when the offender:

  1. has positive results of a drug screen (including a urine test); or
  2. has committed a second degree misdemeanor.

Technical Notification Letters or Affidavit / Notice to Appear in Pinellas County

In Pinellas County, a technical notification letter or affidavit and Notice to Appear is to be submitted to the judge assigned to section Q (with the Honorable Frank Quesada, Circuit Court Judge) except for

  1. Cases from section M or section N;
  2. Cases that arise from a violation of chapter 794, sections 800.04(4), 800.04(5), 800.04(6), 827.071 or 847.0145, Florida Statutes, or
  3. Cases where the defendant has an additional open felony charge.

Instead of being submitted to section Q, those three types of cases must be submitted to the assigned section judge in the underlying case. 

In Pasco County, the affidavit and Notice to Appear is to be submitted to the assigned section judge. 

For a technical notification letter, if the judge agrees that the alleged violation does not require action by the court, the technical notification letter shall be forwarded to the Clerk of the Circuit Court for filing in the court file.  If the judge determines that the alleged violation requires court review, then the judge shall return the letter to the Department of Corrections with a directive to promptly submit an affidavit so that the court may either issue a Notice to Appear or a warrant. 

If an affidavit and proposed Notice to Appear is submitted but the judge determines that the alleged violation requires arrest of the offender, the judge shall return the Notice to Appear to the Department of Corrections with a directive to promptly submit a warrant.


Other Alleged Violations of Probation and Community Control

For all other types of alleged violations, the Department of Corrections is required to report the violation by submitting an affidavit and warrant. In Pinellas County the affidavit and warrant is to be submitted to the judge assigned to section Q (with the Honorable Frank Quesada, Circuit Criminal Court Judge) except for the following types of cases:

  1. Cases from section M or section N;
  2. Cases that arise from a violation of chapter 794, sections 800.04(4), 800.04(5), 800.04(6), 827.071 or 847.0145, Florida Statutes, or
  3. Cases where the defendant has an additional open felony charge.

Instead of being submitted to section Q, those three types of cases must be submitted to the assigned section judge in the underlying case. In Pasco County, the affidavit and Notice to Appear is to be submitted to the assigned section judge.


Procedures for DOC When Submitting the Affidavit of VOP

When the Department of Corrections submits an affidavit regarding a person alleged to have violated probation or community control the Department is required to:

  1. indicate whether the Department seeks a warrant for the arrest of the offender or is requesting the Court to issue a Notice to Appear; and
  2. indicate whether the offender has ever been convicted of committing or is currently alleged to have committed a qualifying offense as defined in s. 948.06, Florida Statutes.

If the Department requests a Notice to Appear, the Department may also request that the date of the hearing be set after the next scheduled appointment with the offender.  When the Court signs a Notice to Appear, the Court is required to set a date for a hearing on the violation.  The Department of Corrections is to provide notice to the offender.  The administrative order contains a form Notice to Appear that may be used to provide notice to the offender of an upcoming court date on the Notice to Appear. 


In the Circuit Court, In and For Pasco County, Florida                                                

Criminal Division
 

STATE OF FLORIDA, 
                                                                                                 
vs. 
__________________,

Defendant.

Notice to Appear

You are hereby ordered to appear to respond to charges that you violated probation.  You are ordered to appear at the West Pasco Judicial Center, 7530 Little Road, Courtroom _____ New Port Richey, Florida on _____________, 200___ at ______ am / pm.

Failure to appear for the above-referenced hearing will result in a warrant being issued for your arrest for an alleged violation of probation.

TO BE COMPLETED BY THE DEPARTMENT OF CORRECTIONS:       

The above offender is not a Violent Felony Offender of Special Concern.

________________________________

Probation Officer's Signature

Date:________________________     
 
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you to the provision of certain assistance.  Within two (2) working days of your receipt of this Notice to Appear please contact the Public Information Dept., Pasco County Government Center, 7530 Little Rd., New Port Richey, FL 34654; (727) 847-8110 (V) in New Port Richey; (352) 521-4274, ext. 8110 (V) in Dade City; via 1-800-955-8771 if you are hearing impaired.


                                              In the Circuit Court, In and For Pasco County, Florida                                                          
Criminal Division


STATE OF FLORIDA,
                                 Case No.: ________________ES  
                                 Division: ____________________
                                 SPN:      _____________________
                                 DOC #:  _____________________  
vs. 
                            
__________________,

Defendant

Notice to Appear

You are hereby ordered to appear to respond to charges that you violated probation.  You are ordered to appear at the Pasco County Courthouse, 38053 Live Oak Avenue, Courtroom _____ Dade City, Florida on _____________, 20___ at ______ am / pm.

Failure to appear for the above-referenced hearing will result in a warrant being issued for your arrest for an alleged violation of probation.

TO BE COMPLETED BY THE DEPARTMENT OF CORRECTIONS:      

The above offender is not a Violent Felony Offender of Special Concern.

________________________________
Probation Officer's Signature
Date:________________________


                                           In the Circuit Court, In and For Pinellas County, Florida                                                          
Criminal Division

 
STATE OF FLORIDA, 
                                     Case No.:  ________________CFANO  
                                     Division:   _____________________
                                     SPN:      ______________________                                                         
                                     DOC #:  _______________________                                                   
                 v.
    
___________________,

Defendant.

Notice to Appear

You are hereby ordered to appear to respond to charges that you violated probation.  You are ordered to appear at the Criminal Justice Center at 14250 49th Street North, Courtroom        , Clearwater, Florida, on _____________, 200___ at ______ am / pm.

Failure to appear for the above-referenced hearing will result in a warrant being issued for your arrest for an alleged violation of probation.

TO BE COMPLETED BY THE DEPARTMENT OF CORRECTIONS:       

The above offender is not a Violent Felony Offender of Special Concern. 
                                                    ________________________________
                                                    Probation Officer's Signature


Finding a VOP Attorney for Pinellas County, FL

If you were put on probation and believe the probation officer will violate you then contact an experienced criminal defense attorney to discuss your case. We can help you come into compliance faster or deal with a false allegation that you violated probation. We represent clients in St. Petersburg and Clearwater in Pinellas County, FL. Call an experienced probation violation attorney in Pinellas County to discuss your case today.


This article was last updated on Friday, September 9, 2016.