Legal Question in Criminal Law in Florida

VOP Hearing

My brother was arrested for breach of peace. This resulted in his probation being violated. The breach of peace charge was not prosecuted and has been dropped last week. Now, his VOP hearing is next week and the prosecuter has subpoened all witnesses from the breach of peace case. What will happen at the VOP hearing? He is on probation for posession of meth and the probation ends March 2009.


Asked on 11/12/07, 8:09 pm

4 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: VOP Hearing

You do not need a conviction on the peace to charge to get a violation of probation. If they have sufficient evidence his probation will be violated. The judge can give him another chance or give him jail time.

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Answered on 11/13/07, 7:18 am
Valerie Masters Valerie Masters, P.A.

Re: VOP Hearing

You do not need a conviction on the peace to charge to get a violation of probation. If they have sufficient evidence his probation will be violated. The judge can give him another chance or give him jail time.

Read more
Answered on 11/13/07, 7:19 am
Valerie Masters Valerie Masters, P.A.

Re: VOP Hearing

You do not need a conviction on the peace to charge to get a violation of probation. If they have sufficient evidence his probation will be violated. The judge can give him another chance or give him jail time.

Read more
Answered on 11/13/07, 7:19 am
Edward J. Chandler Law Office of Edward J. Chandler, P.A.

Re: VOP Hearing

The State attorney will most likely pursue the violation and probably try to seek jail time. You can try the VOP, but the standard is slower. Since the substantive charge was dropped, the arrest itself is a violation.

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Answered on 11/13/07, 10:29 am


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