Orlando, FL asked in Criminal Law for Florida

Q: What happens with a warrant for a first VOP due to technical violations in Florida?

I was arrested on a first charge for possession of a controlled substance and now have a warrant for my first violation of probation (VOP). Although the violations are technical, they have been written up as a material violation. Could you explain what typically happens in this situation and how I should proceed?

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Drew  Fritsch
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Answered

A: The answer to your question would require a little more information. It sounds like you are on felony probation and allegedly violated some conditions not indicating a new arrest. If the warrant has already issued it will likely have a bond recommendation which more often than not is a no bond hold. That would require you to remain in custody till at the very least first appearance or more likely a bond hearing before the original sentencing judge.

If the violations are financial for not paying costs it is likely not much will happen. If the violation is for testing positive they may want to amend your probation to drug offender probation which requires more frequent testing and a curfew. If you have prior offenses it's possible they will look for community control or possibly even jail. Consulting with a lawyer who can view the warrant and affidavit is very important.

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