Tampa, FL asked in Criminal Law for Florida

Q: After violating probation can you get additional violations from getting arrested with no charges filed in Florida

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2 Lawyer Answers
Terrence James O'Sullivan
Terrence James O'Sullivan
Answered
  • Criminal Law Lawyer
  • Melbourne, FL
  • Licensed in Florida

A: Generally speaking in Florida if you’re on probation and get arrested the state can ( and almost always does ) file an affidavit of probation. Even if the new case is not filed or dismissed, the State can still attempt to pursue a probation violation hearing. It makes things more difficult for the State if the new case isn’t filed or dismissed but depending on the circumstances can be successfully defended

Jonathan Blecher and Michael Fayard agree with this answer

Michael Fayard
Michael Fayard
PREMIUM
Answered
  • Criminal Law Lawyer
  • Honolulu, HI
  • Licensed in Florida

A: Yes, just getting arrested for a new charge can be the basis of a new violation (including failure to report that arrest to probation). But that doesn’t mean that you will be found guilty of the new violation for the new arrest. More times than not, the State will file the new violation against you.

Get help from a criminal defense lawyer for both matters.

Jonathan Blecher agrees with this answer

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