Miley Cyrus made news this week when she brought an allegedly homeless man as her date to the MTV Video Music Awards.
Unfortunately, after the VMAs, research has revealed that the man has a troubled past, including warrants for his arrest and probation violations. One report reveals that the district attorney in Oregon filed a motion to revoke the man’s probation after he allegedly failed to report to his probation officer, used controlled substances, failed to submit to a urine test, and failed to complete his court ordered classes and community service hours.
In Florida, similar results will stem from a Florida probation violation. Florida Violations of Probation typically occur when someone has not timely completed the terms of their probation (such as community service hours), when someone fails to report to their probation officer when scheduled or when requested, when someone tests positive for a controlled substance during random alcohol and drug testing that is a term of their probation, or when someone is arrested for a new crime while they are already on probation.
Palm Beach County probation officers can have a person arrested in their office for a positive drug test. If the person stops reporting to the probation officer, the probation officer can request the judge to issue a warrant for that person’s arrest. Once arrested, the defendant could be held no bond, depending on the judge and the charge.
Florida VOPs will usually require either one or two hearings, depending on the reason for the violation. The court will ultimately have to determine if the reason for the alleged violation was substantive (such as being arrested for a new crime) or technical (such as a positive drug test or failure to report). The sentence for a violation of probation could be up to the maximum penalty under the original charge from which the probation stems.
A Florida criminal defense attorney can review a violation of probation case and determine the proper steps to be taken in defending the VOP. Sometimes, attorneys are able to file motions for in court surrender to avoid jail, or to negotiate with the state attorney to have the terms of probation reinstated. Each case is different. Anyone facing a probation violation in Florida should contact a Florida criminal defense lawyer.
Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.