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Case Number 01-CF-010145,
Violation of Probation for Possession of Heroin, a Third Degree Felony
On June 19, 2009, the Court withdrew a "no bond" warrant against a man who violated his probation in 2001. The man was originally placed on two years drug offender probation in Tampa, Hillsborough County, for Possession of Heroin, a third degree felony punishable by five years in Florida State Prison. The special conditions of his probation required him to enter and complete a methodone treatment program, submit to two random urine screens per month, complete relapse treatment and after care program, and attend 2 NA/AA meeting per week. After being placed on drug offender probation, the man never showed up to the drug treatment program or completed any of the other terms of his probation.
Although he clearly violated the terms of the drug offender probation, at the time he was addicted to cocaine and heroin. He had little to no support in the Tampa, Hillsborough County area. Because of his addiction issue, his wife left him with their two children. His wife ultimately divorced him. The addiction problems were so severe that much of that time period was a blur. The man ended up calling his mother and going back to Puerto Rico.
After several failed attempts at drug treatment in Puerto Rico, he finally entered the Hogar CREA, Inc., drug program. He was in the program from August of 2003 until September of 2008. During those five years he complete a education program to become a chef. He obtained full time employment at a high end restaurant in Puerto Rico. He worked on the staff at Hogar CREA, Inc., counseling other individuals addicted to drugs.
During this time he also reconciled with his ex-wife, and the mother of his two children, now 13 years old and 14 years old. In September of 2008, he moved back to Florida to live with his ex-wife and children. Shortly after moving back, he discovered that a warrant had been issued for his arrest in Tampa, Hillsborough County, FL. Before he could move on with his new life, he was going to pay the price for that violation of drug offender probation from 8 years earlier.
The maximum sentence for a violation of probation for a third degree charge of possession of heroin is five (5) years in Florida State Prison. The bad part of his case was that he clearly violated every single condition of his probation. The good part of his case was that during the last 8 years he had turned his life around.
Shortly after hiring the Sammis Law Firm, we filed a Motion to Surrender on Warrant and Request to Release Defendant Pending the VOP Hearing in Hillsborough County, FL. That motion was heard on June 19, 2009. The client testified about the progress that he had made over the past 8 years since he violated probation. The court reviewed all of the certificates from the drug treatment program at Hogar CREA, Inc, a letter from the program director explaining the progress that the client had made in the program, the certificates showing his technical training to become a chef, pay stubs showing his employment history, and a letter from his ex-wife and the mother of his two teenage children.
After reviewing all of these documents and hearing testimony, the Court agreed to not take the client into custody on the Violation of Drug Offender Probation "No Bond" warrant. Instead, the Court agreed to revoke and terminate the probation. The client was able to avoid going into custody altogether, and was relieved to walk out of the courtroom a free man.
If you have a warrant outstanding for violation of probation in Hillsborough County, FL, the best thing you can do is turn yourself in on the warrant voluntarily before being picked up by law enforcement. The fact that an individual voluntarily turns himself in on the warrant instead of being arrested on the offense usually makes a big difference and allows for a more favorable outcome in the case.
If you would like to hire an attorney to assist you with your violation of probation case in Tampa, Hillsborough County, Florida, or the surrounding counties of Pinellas, Polk, Pasco, or Manatee County, call to speak with an experienced attorney in Tampa for Violation of Probation cases at 813-250-0500.
Click here for more information on Violation of Probation Cases in Tampa, Hillsborough County.