1005 N. Marion St.
Tampa, FL 33602

Violation of Probation in Pasco County, FL

The attorneys at the Sammis Law Firm represent people charged with probation violations in Pasco County, FL. Having an experienced attorney can help you resolve your case for the most favorable outcome possible. Call us to discuss your case.

When you call, we can help you decide the best course of action. Criminal cases in Pasco County are resolved in the courthouse in Dade City or New Port Richey. Different judges use different procedures when resolving these cases so it helps to have an attorney familiar with the particular practices used in that courtroom.

Hiring an attorney early in the process often leads to the best results. The courts will often give a better outcome if the person finds a way to complete any outstanding terms or conditions. The courts also look at whether the probationer voluntarily surrendered on the VOP warrant. Acting quickly to resolve the VOP case with the help of an experienced attorney often leads to the best outcome.

Violation of Probation Cases in New Port Richey, FL

If you are on probation and being supervised through the probation office in New Port Richey then you are not alone. The New Port Richey office handles nearly 1,800 cases each year. The office is responsible for explaining the terms and conditions to the probationer, collecting money for fines and court costs, making sure all terms are completed, and reporting any violations to the court.

When the probation officer finds out that the terms of probation have been violated, then the probation officer will send an affidavit of violation to the court. A prosecutor with the State Attorney's Office in Pasco County is also notified of the probation violation. The affidavit will usually ask the court to issue a "no bond" warrant. In certain cases, the probation officer may ask the court set a bond amount on the warrant. In other cases, the affidavit may ask the court to set a court date without issuing a warrant.

After the court reviews the affidavit, the court then issues the warrant or sets a court date. The Pasco County Sheriff's Office will then serve the warrant. If you believe the probation officer will violate your probation then contact an attorney to discuss the best way to resolve the alleged violation.

Violation of Probation Cases in Dade City, FL

The probation office in Dade City, FL, supervises nearly 800 probationers each year. If the probation officer believes the probationer has violated a term or condition then the probation officer will ask the court to issue a warrant for the person's arrest. After the individual is arrest, the Court will set a court date on the violation affidavit.

If the person "admits" the violation then the Court will sentence the individual. The sentence can include jail time up to the maximum allowed for the underlying charge. For instance, if the person is charged with a first degree misdemeanor, the court is usually authorized to impose any sentence up to 12 months in jail. If adjudication was originally "withheld" after a VOP hearing the court can "adjudicate" you guilty of the underlying offense. Maintaining the "withhold" is extremely important in these cases.

In many cases, the attorney is asking the court to give the person another chance by reinstating the probation with the original terms and conditions. In other cases, the attorney may be asking the court to just terminate the probation because all conditions have been resolved.

If the person "denies" the allegation, then the Court will schedule a VOP hearing. At the hearing, the prosecutor must prove the violation was "willful" and "substantial." The case must be proven by a preponderance of the evidence (not the higher standard of beyond all reasonable doubt). If the new allegation occurred after an arrest for a new criminal charge then the prosecutor must usually prove that the person committed the new law violation by a preponderance of the evidence.

History of the Misdemeanor Probation Program in Pasco County

The misdemeanor probation program in Pasco County began supervision services on January 1, 1993. The program has one office in Dade City, FL, and another office in New Port Richey, FL. The courts place people on probation for many different types of criminal offenses including:

  • Driving Under the Influence (DUI);
  • Driving While License Suspended or Revoked (DWLSR);
  • Possession of Marijuana;
  • Petit Theft or Shoplifting;
  • Domestic Violence Battery;
  • Simple Battery or Assault;
  • Resisting Arrest without Violence;
  • Obstruction of Justice;
  • Reckless Driving;
  • Certain felony offenses that are reduced to misdmemeanors

Misdemeanor Pretrial Intervention Cases in Pasco County

The Misdemeanor Probation Program in Pasco County also supervises individuals who agree to enter the MIP program. MIP stands for "Misdemeanor Pretrial Intervention." This program was created to divert certain cases away from the court. Those cases include "first offenders" or people who have no prior criminal record.

The benefit of entering the MIP program in Pasco County includes the fact that the charges are dropped by the State Attorney's Office after the program has been completed successfully. The individual is then able to seal or expunge the criminal record (if otherwise eligible).

Entering the Misdemeanor Intervention Program (MIP) in Pasco County may not be the best course of action. For certain professionals such as lawyers, doctors, nurses, school teachers, other educators, members of the military or law enforcement a criminal accusation can be a career ending event. For these professionals, entering MIP may have the same collateral consequences as a conviction.

Felony Probation in Pasco County, FL

For individuals sentenced to felony probation, the Department of Corrections will supervise the probation. Felony probation violations are extremely serious. Even if you leave the state of Florida it is possible that law enforcement officers in another state will lock you up until you are extradited back to Florida on the violation of probation warrant.

Finding an Attorney for a Probation Violation Cases in Pasco County, FL

If you believe that your probation officer will allege that you violated probation then contact an attorney at the Sammis Law Firm. We represent men and women in VOP cases in Pasco County at the courthouse in New Port Richey and Dade City. We are familiar with defenses that apply to both misdemeanor and felony VOP charges. Call us today to discuss your case.