Articles Posted in Outstanding Warrants

Initially, an arrest that results in formal charges by the State attorney must be proved “beyond a reasonable doubt” in order to obtain a conviction. Often, convictions result in a sentence of probation which requires a person to be supervised for a specific period of time and meet additional conditions that can include but are not limited to community service, monthly check-ins, fees, and drug tests. Unfortunately, when a defendant does not comply with their probation terms, a violation of probation also known as VOP is entered against the defendant. When a violation of probation has occurred, the State must meet a lower burden of proof for conviction known as “by a preponderance of the evidence.”

Florida Statute 948.06 provides the laws concerning violations of probation. If you are alleged to have violated a condition of probation, the following generally occurs:

First, your probation officer will submit an affidavit of violation to the court. The affidavit is a sworn statement detailing the willful and substantial ways in which a condition of probation has been violated. A violation can occur in a “material respect” or as a “technical violation.” A material respect violation occurs when a person has been arrested for a new felony, misdemeanor, or criminal traffic offense. Technical violations can include failed drug or alcohol tests, missed appointments with your probation officer, failure to pay fees, and failure to report address or employment changes. After the affidavit of violation is filed, the court will then review it, determine whether reasonable grounds exist, and issue a warrant for arrest or a notice to appear in court with a specified date. At times, a defendant can be placed on a “no bond” status, which will result in the defendant remaining in jail until a bond can be requested. The defendant will afterward be arraigned and scheduled for Pre-Trial hearings. Here, the State will be required to prove a willful and substantial violation.

The United States Supreme Court can overrule all other courts including Florida courts. On June 20, 2016, they said if a police officer stops you illegally and you have an outstanding warrant for which you are arrested, the evidence (in this case drugs) they find on you can be used against you on the new charge. So, not only do you need to deal with the outstanding warrant, but you will also need to deal with the new criminal charge.

The Fourth Amendment provides “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . ..” Utah v. Strieff, 136 S. Ct. 2056, 2060. The meaning of this right after Utah v. Strieff was decided by the Supreme Court of the United States on June 20, 2016, is questioned by some. Does this ruling erode citizens’ right to be free from unreasonable searches and seizures?
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I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

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Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECCOMEND. Marcela Giorgi
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