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VOP Affidavits and Reports

VOP Affidavits and Reports | Melbourne Criminal Defense Attorney

If you have been placed on felony probation in Brevard County, Florida, and your probation officer believes that you have violated your probation, he/she will file a "Florida Department of Corrections Affidavit of Violation of Probation." This affidavit will state the offenses/case numbers of the offense(s) for which you were placed on probation. It will also describe how the violation allegedly occurred by stating the things you either did or failed to do while on probation.

Your probation officer is also required to file a violation report along with the affidavit. This report can request that the court to either:

  1. Issue a notice to appear in court for a violation of probation hearing
  2. Issue a warrant for your arrest pending a violation of probation hearing
  3. Conduct a violation of probation hearing after a warrantless arrest is conducted; or
  4. Take no further action.

The violation report will contain any statements you have made to law enforcement regarding the alleged violation, including whether you admitted or denied the violation. If you were unavailable to make a statement, the report will explain why you were unavailable (e.g. you absconded, were in custody on another charge, etc.) The report will discuss your history of supervision and any prior violations you have ever had (whether it be for this case or another case). Your probation officer will indicate in the report what progress you have made toward completing any special conditions of probation. The report will also include a copy of your Florida Crime Information Center (FCIC) and National Crime Information Center (NCIC) criminal history record.

At the conclusion of the violation report, your probation officer will usually make a recommendation as to your potential sentence. These recommendations often include substance abuse treatment, stricter forms of supervision, jail, and even prison time. The probation officer may recommend that the court sentence you according to the Florida Sentencing Guidelines.

The Canina Law Firm | Brevard County Violation of Probation Lawyer

If you have been arrested or believe that you might be arrested for violating your probation, you should immediately contact a Violation of Probation Lawyer in Melbourne, FL who is experienced in handling these matters. At the Melbourne The Canina Law Firm, our firm sets itself apart from others in the level of personal service we provide. We are 100% committed to defending our clients vigorously and to keeping our clients fully informed every step of the way. With over five decades of combined experience defending against both misdemeanor and felony probation violations in Florida, our trained attorneys will work hard to get you the best result possible. If you have been arrested in Melbourne, FL or anywhere in Brevard County, FL for a probation violation, we want to help you! Contact our office today for a FREE case evaluation.

Brevard County Florida Criminal Defense Attorney

The Canina Law Firm proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

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