Probation violation warrants can be issued for both
misdemeanor and felony probation. A violation occurs when your probation officer believes
that you have failed to complete a condition of probation (such as community
service hours,
restitution payments, or classes). A violation can also occur if you have failed to
report to your probation officer, or have left the jurisdiction without
permission (absconding). A violation will also occur if you are arrested
for a new crime.
If you are arrested for a new crime while out on probation, you will likely
remain in custody without a
bond. A new law violation (a new arrest while on probation) is troubling for
the accused because now they must fight the new charge as well as the
violation. This is the most serious type of probation violation.
A
technical probation violation, however, is less serious, but will still lead to the issuing of a probation
violation warrant. A technical violation can be anything from failure
to make restitution payments to failure to report. Regardless, a technical
probation violation can still lead to your arrest.
There are many situations, however, where probation violations are years
old, and the individual doesn't find out about the outstanding warrant
until they try to apply for social security, or try to apply for U.S.
citizenship. This is more common than you think.
Imagine if you were on probation in Miami or Broward back in 2000, you
think you completed all of your conditions, but due to miscommunication
with your probation officer, you were violated and a warrant was issued
in 2001. However, you moved in 2001 and have been living in another state
since then. In 2010, you apply for a job, citizenship, or social security
benefits, and this 10-year old warrant pops up in the system.
I handle many of these old probation warrants for out-of-state clients.
If the violations are technical, they are usually fixable provided the
court is made aware why or how the violation occurred. If there are outstanding
court costs, you will likely need to pay those before the warrant is dismissed
and the probation term is formally ended by the court.
It doesn't matter where in the United States, or world, you live. I
would like to help you resolve your probation warrant issue. I am a Miami-Dade County
criminal defense attorney who handles probation warrants in Miami-Dade and Broward.
Contact me to discuss your case further.