The consequences of a violation of probation in Bartow, Polk County are serious. In many of these cases, even for a misdemeanor violation of probation, such as DUI or possession of marijuana, the Polk County Judge may issue a "no bond" warrant for your arrest.
After your arrest, your case may not be schedule for a hearing on the violation of probation affidavit for weeks.
Instead of sitting in jail for several weeks, many people can benefit from hiring an attorney to file a motion for bond or to move up the VOP hearing date.
Your attorney can also help you come up with ways to come into compliance with any remaining terms or to explain any technical violation. If you were arrested for a new felony or misdemeanor offense, your attorney can represent you on that offense as well.
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In two recent cases, two different clients whose cases were totally unrelated had similar problems. In each case the client was issued a notice to appear for a possession of marijuana, a misdemeanor offense. In each case, when the client went to the arraignment the client entered a plea to the charge without the benefit of talking with a private attorney or a public defender in Polk County. The Court in Bartow, FL, then sentenced the client to 45 days in jail, suspended, conditioned upon the client completing 12 months of probation with 6 clean urine tests and community service.
Instead, each client was placed on probation in Polk County, Florida. Both clients had trouble with one of the 6 urine screens. One client tested positive for cannabinoids (marijuana or cannabis). The other client was charged with "failure to provide a urine sample" which is treated by the court in Polk County in the same manner as a positive urine screen. After the probation officer in each case filed a affidavit of violation of probation, the Court issued a "no bond" warrant. Both individuals were arrested at on the "no bond" warrant for a misdemeanor violation of probation in Polk County.
After the arrest, in each case the family hired the Sammis Law Firm. Within a few days we scheduled a bond hearing in each case. For the first case, heard in Division M6, the bond hearing was scheduled on April 13, 2009. The Court in Polk County granted the bond motion, released the client from the jail on "ROR" the same day (without having to post any bond money), scheduled 2 drug screens, and then reset for a hearing in May.
In the second case, the bond motion was heard on April 20, 2009, which was within a few days of when the firm was retained, again in Division M6. In that case, the Court in Bartow again granted the motion so that the client did not have to remain in jail for the next 45 days while waiting for the first motion hearing date. The Court ordered the client into the pre-trial release program ROR (without having to post any bond money).
The important thing to keep in mind is that if you are arrested on a "no bond" warrant, you will usually sit in jail until your VOP case is resolved in front of the VOP judge. Unfortunately, after your arrest it may be many weeks before your case is schedule for a hearing in front of the judge that will hold your VOP hearing or sentencing. The only "short cut" to get you back in front of the judge sooner is to schedule an emergency bond hearing.
In many of these cases, a small technical violation (even if it occurred) does not require continuing to hold the person with no bond for several weeks, especially for a charge like misdemeanor possession of marijuana. Every case is different. Only by talking with an experienced criminal defense attorney can you find out what remedies might be available for your particular case.
If you believe that your probation officer is about to issue an affidavit for a probation violation in your Polk County case, contact an experienced criminal defense attorney that fights violation of probation cases at the courthouse in Bartow, Polk County, today to discuss your case.
Violation of probation can occur in a variety of felony and misdemeanor cases, such as DUI, reckless driving, driving while license suspended or revoked, possession of marijuana, felony drug charges, domestic battery, or child abuse.
Call our office to discuss the facts of your case with an attorney during a free consultation by calling 813-250-0500. Click here for more information hiring a criminal attorney for Polk County, Florida. Don't face the judge alone.
Glossary of Criminal Terms - Probation - According to the glossary of commonly used terms in the criminal justice system on the website for the County Clerk in Polk County, the term "probation" is defined as: "An alternative to imprisonment allowing a person found guilty of an offense to stay in the community, usually under conditions and under the supervision of a probation officer. A violation of probation can lead to its revocation and to imprisonment."