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VIOLATIONS OF PROBATION (VOPs)

VIOLATIONS OF PROBATION (VOPs) Introduction Florida Statutes Chapter 948defines probation as a form of community supervision that imposes certain terms and conditions on an offender instead of imprisonment. The Sheriff’s Office supervises misdemeanor probation.The Florida Department of Corrections supervises felony probation.  Violating conditions of probation often has serious implications and may result in the revocation, …

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Drug Trafficking and Minimum Mandatory Sentences

Drug Trafficking and Minimum Mandatory Sentences Unlike in many other jurisdictions, drug trafficking in Florida – at the State level – has nothing to do with transporting, delivering, and selling of a chemical or a controlled substance.  Instead, it deals with one element – weight.  In short, if the weight of the substance exceeds certain …

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Veterans Courts

Veterans Courts (Fla. Stat. §§ 948.16 and 948.21)Veterans courts assist defendants with the complex treatment needs associated with substance abuse, mental health, and other issues unique to the traumatic experience of war. Some veterans returning home from war find it difficult to integrate back into the community due to untreated substance abuse or mental health issues, such …

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Field Sobriety Exercises

Law enforcement uses a set of standardized tests developed by the Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) to determine a DUI suspect’s level of impairment. They are called “Field Sobriety Exercises” or “FSEs”. Most officers use three tests standardized NHTSA: Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and the One-Leg Stand. STANDARDIZED FSEs Horizontal …

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DUI – 10-Day Rule

If you have been arrested for DUI in Florida, your license was immediately suspended upon your arrest. You still, however, can drive for 10 days using your DUI-ticket/citation as a “business purposes only” driving permit, which is sometimes referred to as a “hardship license”. A business purposes only permit “means a driving privilege that is …

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Deferred Prosecution Agreement – Palm Beach County

Palm Beach County – Deferred Prosecution/Pretrial InterventionThe Office of the State Attorney for the 15th Judicial Circuit in Florida (Broward County) offers some defendants accused of committing a misdemeanor a deferred prosecution agreement. This enables an accused to complete certain conditions, such as community service and one’s related to the underlying charge (i.e., drug testing in a drug …

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Breath

If a suspect is arrested for DUI in Florida, the arresting officer almost always asks the suspect to submit to a breath test.  If the suspect refuses, the officer must read the suspect Florida’s Implied Consent warning before asking the suspect again.  If the suspect refuses a second time, the suspect’s license will be automatically suspended for one-year if …

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Breath