Attacking probation violation warrants starts with the basics: 1. was the alleged violation a condition of the probation sentence? 2. Did the violation occur during the probationary period? 3. Was the warrant obtained during or after probation ended? If you have an outstanding violation of probation from a Florida criminal court, contact a South Florida criminal defense attorney and let him/her do the basics? 1 – 2 – 3. What? When? Timely?
Violation of Probation warrants are often filed wrongly or too late to be lawful. A legal attack on a violation of probation warrant requires some digging. First get a copy of your final disposition: did the Judge include the condition in the probationary term? If it is a violation of probation based on the statute, check the statute in effect: statutes are amended by the legislature and conditions are added and deleted. Verify that the violation of probation warrant was submitted during the term of the probation. If the violation warrant was sent to the judge after the expiration of the probationary term then it is not a legal warrant and is subject to attack and dismissal. Don’t just submit to a violation of probation warrant without a competent and diligent Florida criminal attorney doing due diligence. A sloppy lawyer will just assume the warrant is correct, but that is not always the case. For more information contact my office for a no-cost consultation. If you have an open violation of probation warrant from Broward (Fort Lauderdale), Miami (Miami Dade County Florida) or Palm Beach, contact a Florida criminal lawyer and assert your right to a legal defense.