366) Can I get Bond on a VOP / Probation Violation in FL? ~ #HaberPA Miami Criminal Defense Lawyer
Channel: Michael Haber
Date: 2020-04-26

Thanks for asking me “Can I get Bond on a VOP / Probation Violation in FL?”

As with many things in the law “it depends”.  There’s no right to bond when you’ve been accused of a Probation Violation, Judges routinely deny bond for a variety of reasons (e.g. to sweat the probationer, to make a later plea more likely, to send a message to other probationers, etc.) and one can theoretically sit in jail for months on end waiting for a VOP Hearing.  Still, anything is possible and your odds at a favorable outcome will exponentially increase with the assistance of a skilled and experienced criminal defense lawyer efforting on your behalf.

Violations of probation (VOPs) start by your PO swearing out an affidavit claiming that you either failed to do something that you were required to do or that you did something that you weren’t supposed to do while on probation.  A Judge then reviews the affidavit to determine whether or not a probation warrant will issue and if so then whether or not a bond will be set.  This decision - to attach bond or not on a VOP warrant - is 100% discretionary with the Judge and, 999 of 1,000 times the answer will be "No” and you’ll have a “no bond” hold. 

Since 99% of probation warrants have no provision for bond if you’re taken into custody on a VOP warrant then you'll be booked into the jail, sent to your Initial Appearance and held over until you are brought before the Judge who issued the warrant. (Note that if you happen to get taken into custody in another County or State then you’ll likely have to sit and wait to be extradited back to the issuing Court, and that could take weeks... but still, your lawyer can apply to your Judge for bond on a VOP warrant at any time. Just remember that unlike the situation with a new substantive arrest you have no right to bond -  not constitutional, statutory or by rule - on a VOP.  That said...

Thanks for your question, I appreciate you’re having asked it and I invite you to ask me more.  Please remember that at #HaberPA it’s all about reasonable doubt, and if you like this video then please subscribe to our YouTube channel / VideoFAQ (link below) and we’ll be putting out more soon! 

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Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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