Waynesville, NC asked in Criminal Law for Florida

Q: Can a vop warrant be served that is 2 yrs old and the probation ended a week after warrant was served?

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1 Lawyer Answer
Sean Maye
Sean Maye
Answered
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Florida

A: Generally speaking, the answer is YES- provided certain factors are satisfied.

Firstly, it depends on if/when a probation complaint was initially filed. A term of probation is considered "tolled" upon the filing of a probation complaint. That means that, so long as a complaint was filed within the term of probation, the warrant that was issued pursuant to that complaint is technically valid and enforceable.

Secondly, the fact that the warrant has been active but unserved for 2 years is largely irrelevant. There are warrants that are active for just as long, and sometimes longer, and they are valid if they were based on cause and filed within the appropriate timeframe.

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