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  1. #1
    Join Date
    Aug 2016
    Posts
    2

    Post How Can You Remove an Old, Out-of-State Probation Violation Warrant

    My question involves criminal law for the state of: Florida

    There is a 65 year old disabled homeless person residing in Virginia I have known for over 5 years. He is unable to obtain disability or social security benefits despite a good earnings record prior to injuries because of an apparently outstanding parole violation. In what he thinks was his next to last parole meeting in 1984 he understood his officer to say that he guessed he wouldn't be seeing him again because of a court decision about "double jeopardy". He stayed at the same address for 2 years after release from jail and says he never received any notices of a parole violation.

    He does not show up on the Florida register of wanted persons. The Florida "Register of Actions" shows the following in chronological order:


    - an ORDER TO ISSUE CPIAS AND BOND SET in 1984
    - a 2011 HEARING in 2011 (Judicial Officer JUDGE, DEFAULT CONVERSION)
    - a 2011 STATUS CHECK SET (WARRANT STATUS, DEFT: A; VER: N)
    - a 2011 RECALL ISSUED CAPIAS (DEFT: A; VER: N)
    - a 2011 ADMINISTRATIVE NOLLE PROSEQUI ; DEFT: A; VER: F
    - a 2011 MISCELLANEOUS TEXT (RECALL NOTICE RETURNED-WARRANT NOT LOCATED; DEFT: A; VER: F)
    - a 2011 HEARING (Judicial Officer JUDGE, DEFAULT CONVERSION)
    - a 2013 CAPIAS RETURNED UNEXECUTED; DEFT: a; VER: F
    - 2016 RESPONSE FROM CLERK TO me (saying person needed to request court hearing in Florida)

    I'm willing to spend a modest amount of money to help this person, but don't know what, if anything, I can do that would help. HELP!!!!


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  2. #2
    Join Date
    Sep 2005
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    Default Re: How Can You Remove an Old, Out-of-State Probation Violation Warrant

    He needs to take care of the warrant. He may be able to do so without jail time, but if he can't, he'll get three hots and a cot for a while courtesy of the state.

  3. #3
    Join Date
    Aug 2016
    Posts
    2

    Default Re: How Can You Remove an Old, Out-of-State Probation Violation Warrant

    If we got this person to Florida it is going to take a while to get a hearing and in the meantime he will be homeless. At least where he is in Virginia we have some meal and shelter options and we've arranged for him to get some medical care. His medical condition can be documented. In addition he has depression issues. I wonder if a hearing could be arranged in advance of his going to Florida? Or if a request to the court could be made without his being present? He has been determined eligible for full disability but that never was approved because of his outstanding warrant.

  4. #4
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: How Can You Remove an Old, Out-of-State Probation Violation Warrant

    A start would be to contact a criminal defense attorney in Florida in the area where the court is located to see what might be done about this. It may be that the attorney can take care of all, or at least most, of what needs to be done without the defendant having to appear. For any court appearance that is needed, the attorney may be able to arrange it so that there is a set time for him to turn himself in and appear in court. But so long as he is in violation of his probation or parole conditions he’ll be denied Social Security benefits and possibly other benefits, too. The SSA discusses that here: Fugitive Enforcement Program

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