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How to Respond to an Unwarranted Probation Violation

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  • 03-01-2017, 04:41 AM
    CaliforniaGrizzly
    How to Respond to an Unwarranted Probation Violation
    My question involves criminal law for the state of: Florida, but the person of interest is currently a Californian. In 2002, this person was charged with 'driving with a suspended license' in the state of Florida, Miami-Dade county. The individual believes she completed with all the requirements of her plea bargain, but apparently, a warrant was issued in 2002 for VOP; she claims to have never received said warrant, notice, etc. To much of her chagrin, she was able to run some background checks in Texas and California, and none showed a criminal record, a flag, or anything. The status of the case is: Disposition Entered. The warrant was issued in 2002, there is an outstanding balance.

    The individual I represent believes she paid everything, and I believe she is telling the truth; she also believes she completed community service hours. She hasn't driven since. Furthermore, it seems Florida was able to clear her for License renewal in California? She was encouraged by this. Yet there is a warrant out for traffic crimes? Sounds a bit like cacophony, but It could be the long hours over here. What are the odds of this occurring? My client would like to know if she can take care of this in California? At the time, the individual was an F1 student, when she was detained, USCIS interviewed and approved of her release. Though she was kept longer than usual, for being an immigrant. On the other hand, the individual has not been involved in further traffic crimes, graduated, now married to a US Citizen, thus her concern to expedite this.

    Thank you so much for this great outlet, I'm a Fan! :cool:
  • 03-01-2017, 05:40 AM
    Mr. Knowitall
    Re: How to Respond to an Unwarranted Probation Violation
    What does "The individual I represent" mean? You're clearly not a lawyer.

    Either she was successfully discharged from probation, or she was not. It sounds like she was not, so there would be nothing unwarranted about a probation violation. The fact that it was not picked up by various out-of-state agencies, or that they detected a warrant and did not take adverse action, does not change that fact.

    You need to take care of your criminal charges and associated probation violations in the jurisdiction where you were prosecuted. If she wants, she can hire a lawyer in the jurisdiction where the probation violation remains pending, to see what sort of resolution her lawyer can negotiate.
  • 03-01-2017, 06:02 AM
    CaliforniaGrizzly
    Re: How to Respond to an Unwarranted Probation Violation
    Quote:

    Quoting Mr. Knowitall
    View Post
    What does "The individual I represent" mean? You're clearly not a lawyer.

    Either she was successfully discharged from probation, or she was not. It sounds like she was not, so there would be nothing unwarranted about a probation violation. The fact that it was not picked up by various out-of-state agencies, or that they detected a warrant and did not take adverse action, does not change that fact.

    You need to take care of your criminal charges and associated probation violations in the jurisdiction where you were prosecuted. If she wants, she can hire a lawyer in the jurisdiction where the probation violation remains pending, to see what sort of resolution her lawyer can negotiate.

    Excellent, I've heard of many cases where it can be quashed, as they call it in certain counties. There is a bond for her VOP of $1000.
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