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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28035
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Im in fl and have a felony warrant because my probation

Customer Question

Im in fl and have a felony warrant because my probation officer told my treatment class if I miss any days without asking her first that its a violation of my probation. I was not told that and it was not a stipulation on my probatiom order. Because of that I went on the guidelines and rules to the class I was taking. I was hospitalized and missed 3 classes. According to the rules of my class you can not miss more than 3 classes or you can be discharged. According to my vop I was discharged on sept 22nd and violated on the 28th. I was actually in attendance and returbed to class on the 28th. When.I called the treatment center to ask.them if I was discharged,why was able tonattend still. I was told 1. Because she does not do do discharges ubtil.the end of the month and 2. The only reason she discharged me was because of the.stipulations of my probation officer. She had actually remembered talking to my p.o. I want to write a letter to my judge asking to lift the warrant and issue a court date. I would like to also attach paperqork showing I attended class the day I was violated and also.provide medical.documents showing I was hospitalized on those dates and also a copy of my probation guidelines showing it does not say I was to ask.permission from my po first before I missed my classes. The center said I can be added as a reentry by my po and pick.up where I left off. I would like to include in my letter that I am.almost finished with my probation and would like to get bqck.on track.
Submitted: 11 months ago.
Category: Legal
Expert:  LegalKnowledge replied 11 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 11 months ago.

Good morning. I certainly understand the situation and your concern. Based upon what you shared, it would appear that you have legal defenses, to the VOP. I say this because in order to be in violation, there would need to be intentional, willful and wanton conduct, to show you intended to violate. In this case, you missing the classes was a direct result of being hospitalized. It was something out of your control and if you have documentation to show you were in the hospital and can show it was impossible for you to appear as a result of your condition, it would be very hard for the Judge to find a violation. Moreover, the program should allow you to return, based upon this. Moreover, unless she told YOU and imposed as a condition the issue regarding the treatment class, it can not be a surprise and the program should have their own policies which they impose. There is no reason for her to tell them to kick you out and not share anything with you and place you on notice of this possible violation. With this all being said, you can contest the VOP and go to a final hearing and present your evidence to show you were in the hospital and your failure to attend was not intentional and that there was nothing ever told you you regarding classes and being kicked out.

Expert:  LegalKnowledge replied 10 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!