how long can a probation officer keep someone in jail on a hold before charging with VOP my friend has been in jail for 16 days after being found driving with a suspended license and still has not been charged the warrent was issued yesterday for the VOP but still nothing has been done. He is on probation in Martin and Palm Beach County for bad checks, they were written at the same time but cashed in different counties
west palm beach , Florida
Hired two lawyers
Good morning, The first thing you must do is to keep in mind that in Florida, as in most states, when a person is on Probation, they are far from being normal citizens in terms of their rights. It is probably more correct to think of them as prisoners who have been allowed out of prison on a trial basis--based on their ability to remain absolutely clean. Florida is tough on violations of probation. In a majority of cases the offender will usually be arrested and placed on a no-bond hold. A no-bond hold means that the offender will remain in jail until a hearing is held on whether the offender actually did violate the terms of their probation. Probation violations fall into two categories. There is the technical violation which is often just failing to show up for a scheduled visit with the probation officer. The second type is much more serious and involves the violation of some other criminal law--a substantive violation.
A substantive violation of probation generally means the Defendant is charged with committing a new criminal offense. When this happens, the Defendant will generally not be able to post bond because they will be put on a probation hold. In this situation it is important to get a probation revocation hearing as soon as possible.
Whether your violation is technical or substantive, your probation officer will seek a warrant for your arrest for probation violation. Once you are arrested, you will remain in jail until you have a court hearing. An attorney can often get you a revocation hearing faster.
The length of time the person can be held varies from state to state but that time period is inconsequential many times because of the relative ease with which the hold can be renewed. The person is held, without bond, until the probation violation hearing. At the hearing the following factors are in place:
There have been situations where parolees have been held for more than six months following the parole violation hearing just waiting for trial on the new charge. The fact that the warrant has now been issued indicates that the violation hearing is likely niot far behind. The best thing the individual can do for himself is to have an attorney represent them to attemp to get an early hearing and to prepare to defend against the new charges. I wish you well.
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This did not answer my question. I wanted to know if there was a time limit on how long one could sit in jail without being charged with VOP. He has been in jail for 16 days with out any charges. the PO said he planed to violate him so he was held. Don't the charges have to be filed in a certain pd of time or can you be held indefinitely waiting to be charge. Some where I thought I read it had to be done in 10 days.
Good morning,The applicable Florida code section relating to probation violation is below. You will notice that there is no set time period between a violation and when a warrant or formal charges are filed, pending the hearing. The individual you are talking about was likely picked up on what is called a warrantless arrest. The warrantless arrest allows the probationer to be jailed pending formal charges.I spoke directly to a supervisor in the West Palm Beach probation office. They confirmed that there is no set time period in which a person picked up on a VOP must be formally charged in court. However, the supervisor also indicated that in many cases it is just a matter of a few days between the suspect being jailed following the warrantless arrest and when the court issues the warrant.Unfortunately, the time limit you are looking for, based on my research and communication with the State of Florida, does not exist.
948.06 Violation of probation or community control; revocation; modification; continuance; failure to pay Restitution or cost of supervision.--
(1)(a) Whenever within the period of probation or community control there are reasonable grounds to believe that a probationer or offender in community control has violated his or her probation or community control in a material respect, any law enforcement officer who is aware of the probationary or community control status of the probationer or offender in community control or any parole or probation supervisor may arrest or request any county or municipal law enforcement officer to arrest such probationer or offender without warrant wherever found and forthwith return him or her to the court granting such probation or community control.
(b) Any committing trial court judge may issue a warrant, upon the facts being made known to him or her by affidavit of one having knowledge of such facts, for the arrest of the probationer or offender, returnable forthwith before the court granting such probation or community control.
(c) Any parole or probation supervisor, any officer authorized to serve criminal process, or any peace officer of this state is authorized to serve and execute such warrant.
(d) Upon the filing of an affidavit alleging a violation of probation or community control and following issuance of a warrant under s. 901.02, the probationary period is tolled until the court enters a ruling on the violation. Notwithstanding the tolling of probation as provided in this subsection, the court shall retain jurisdiction over the offender for any violation of the conditions of probation or community control that is alleged to have occurred during the tolling period. The probation officer is permitted to continue to supervise any offender who remains available to the officer for supervision until the supervision expires pursuant to the order of probation or community control or until the court revokes or terminates the probation or community control, whichever comes first.
(2)(a) The court, upon the probationer or offender being brought before it, shall advise him or her of such charge of violation and, if such charge is admitted to be true, may forthwith revoke, modify, or continue the probation or community control or place the probationer into a community control program.
(b) If probation or community control is revoked, the court shall adjudge the probationer or offender guilty of the offense charged and proven or admitted, unless he or she has previously been adjudged guilty, and impose any sentence which it might have originally imposed before placing the probationer on probation or the offender into community control.
(c) If such violation of probation or community control is not admitted by the probationer or offender, the court may commit him or her or release him or her with or without bail to await further hearing, or it may dismiss the charge of probation or community control violation.
(d) If such charge is not at that time admitted by the probationer or offender and if it is not dismissed, the court, as soon as may be practicable, shall give the probationer or offender an opportunity to be fully heard on his or her behalf in person or by counsel.
(e) After such hearing, the court may revoke, modify, or continue the probation or community control or place the probationer into community control. If such probation or community control is revoked, the court shall adjudge the probationer or offender guilty of the offense charged and proven or admitted, unless he or she has previously been adjudged guilty, and impose any sentence which it might have originally imposed before placing the probationer or offender on probation or into community control.
(f) Notwithstanding s. 775.082, when a period of probation or community control has been tolled, upon revocation or modification of the probation or community control, the court may impose a sanction with a term that when combined with the amount of supervision served and tolled, exceeds the term permissible pursuant to s. 775.082 for a term up to the amount of the tolled period of supervision.
(g) If the court dismisses an affidavit alleging a violation of probation or community control, the offender's probation or community control shall continue as previously imposed, and the offender shall receive credit for all tolled time against his or her term of probation or community control.
(3) When the court imposes a subsequent term of supervision following a revocation of probation or community control, it shall not provide credit for time served while on probation or community control toward any subsequent term of probation or community control. However, the court may not impose a subsequent term of probation or community control which, when combined with any amount of time served on preceding terms of probation or community control for offenses before the court for sentencing, would exceed the maximum penalty allowable as provided by s. 775.082. No part of the time that the defendant is on probation or in community control shall be considered as any part of the time that he or she shall be sentenced to serve.
(4) Notwithstanding any other provision of this section, a probationer or an offender in community control who is arrested for violating his or her probation or community control in a material respect may be taken before the court in the county or circuit in which the probationer or offender was arrested. That court shall advise him or her of such charge of a violation and, if such charge is admitted, shall cause him or her to be brought before the court which granted the probation or community control. If such violation is not admitted by the probationer or offender, the court may commit him or her or release him or her with or without bail to await further hearing. However, if the probationer or offender is under supervision for any criminal offense proscribed in chapter 794, s. 800.04(4), (5), (6), s. 827.071, or s.(NNN) NNN-NNNN or is a registered sexual predator or a registered sexual offender, or is under supervision for a criminal offense for which he or she would meet the registration criteria in s. 775.21, s.(NNN) NNN-NNNN or s. 944.607 but for the effective date of those sections, the court must make a finding that the probationer or offender is not a danger to the public prior to release with or without bail. In determining the danger posed by the offender's or probationer's release, the court may consider the nature and circumstances of the violation and any new offenses charged; the offender's or probationer's past and present conduct, including convictions of crimes; any record of arrests without conviction for crimes involving violence or sexual crimes; any other evidence of allegations of unlawful sexual conduct or the use of violence by the offender or probationer; the offender's or probationer's family ties, length of residence in the community, employment history, and mental condition; his or her history and conduct during the probation or community control supervision from which the violation arises and any other previous supervisions, including disciplinary records of previous incarcerations; the likelihood that the offender or probationer will engage again in a criminal course of conduct; the weight of the evidence against the offender or probationer; and any other facts the court considers relevant. The court, as soon as is practicable, shall give the probationer or offender an opportunity to be fully heard on his or her behalf in person or by counsel. After such hearing, the court shall make findings of fact and forward the findings to the court which granted the probation or community control and to the probationer or offender or his or her attorney. The findings of fact by the hearing court are binding on the court which granted the probation or community control. Upon the probationer or offender being brought before it, the court which granted the probation or community control may revoke, modify, or continue the probation or community control or may place the probationer into community control as provided in this section.
(5) In any hearing in which the failure of a probationer or offender in community control to pay restitution or the cost of supervision as provided in s. 948.09, as directed, is established by the state, if the probationer or offender asserts his or her inability to pay restitution or the cost of supervision, it is incumbent upon the probationer or offender to prove by clear and convincing evidence that he or she does not have the present resources available to pay restitution or the cost of supervision despite sufficient bona fide efforts legally to acquire the resources to do so. If the probationer or offender cannot pay restitution or the cost of supervision despite sufficient bona fide efforts, the court shall consider alternate measures of punishment other than imprisonment. Only if alternate measures are not adequate to meet the state's interests in punishment and deterrence may the court imprison a probationer or offender in community control who has demonstrated sufficient bona fide efforts to pay restitution or the cost of supervision.
(6) Any parolee in a community control program who has allegedly violated the terms and conditions of such placement is subject to the provisions of ss. 947.22 and 947.23.
(7) Any provision of law to the contrary notwithstanding, whenever probation, community control, or control release, including the probationary, community control portion of a split sentence, is violated and the probation or community control is revoked, the offender, by reason of his or her misconduct, shall be deemed to have forfeited all gain-time or commutation of time for good conduct, as provided by law, earned up to the date of his or her release on probation, community control, or control release. This subsection does not deprive the prisoner of his or her right to gain-time or commutation of time for good conduct, as provided by law, from the date on which the prisoner is returned to prison. However, if a prisoner is sentenced to incarceration following termination from a drug punishment program imposed as a condition of probation, the sentence may include incarceration without the possibility of gain-time or early release for the period of time remaining in his or her treatment program placement term.
I am a practicing attorney with more than 27 years of experience in the legal field.
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