QUESTION
can my probation officer take back a warrant?
Asked on Nov 06th, 2013 on Criminal Law - Florida
More details to this question:
i been on five year felony probation for about three years now and i was in a mental health group under the terms of probation i missed some classes and they kicked me out of group upon talking to the class therapist he said he would be willing to consider taking me back if probation or state attorney ask him to. but since a warrant has been issued is it possible when i talk to my probation officer for him to take back the warrant? also is this only a technical violation of probation since its not a new criminal charge?
1 ANSWER
1 Award
No, a probation officer cannot withdraw a warrant that has been issued for your arrest.
Also, you need to be aware that a technical violation of probation can be as damaging, in terms of sentencing, as a violation based on a new criminal charge. However, a techical violation won't add the points to your scoresheet that a new criminal charge would. Often the type of technical violation is a key factor in the state and/or judge deciding what it sees as an appropriate resolution to the VOP.
The fact that the class therapist would be willing to have you back in the program may be very helpful in persuading the state and/or judge to come up with a resolution that will enable you to re-enter the program. However, there are no guarantees.
Answered on Nov 07th, 2013 at 10:57 AM