What Does VOP Mean
None of us like to wear orange jumpsuits and shackles, especially when visiting a courthouse; however, if you are on probation or parole and have been charged with a violation of that status, the handcuffs and jumpsuit might just be a prelude to a hearing on just how much correctional intervention will take place as a result of your alleged actions. At any rate, before getting too hung up on the symbolism of the colors, it is far more imperative at this time to know what VOP stands for and means in common parlance.
In the legal world, VOP stands for Violation of Probation, which is a fancy way of saying that some part of the original sentence of a convict has either been violated or is being contested in terms of whether it has taken place . For instance, if a convict is ordered to partake in certain activities and is subsequently arrested for violating those rules, there is sufficient reason for the corrections system to revisit the situation and possibly revise the original terms to a lesser penalty or a greater one.
If a person has broken the terms of their release such that they have been arrested, the court is now free to revoke their probation and even send them to jail. This is rarely a good position to find oneself in, as it has a significant impact on the offender’s life.
Common Reasons for VOP Charges
There are many different actions or circumstances that can lead to someone facing a Violation of Probation charge, also known as a VOP. The action that most commonly leads to deputies wanting to file a VOP warrant is when the defendant does not show up for either the probation meeting or the regular court hearing. A failure to appear is a very serious issue in the eyes of a probation officer and is a direct violation of the rules and terms of the probation.
Another common reason that deputies will file a Violation of Probation is when the defendant fails a drug test. If you are under probation for any crime, one of the terms will likely be that you have to stay clean from drugs. If you were put under probation for a DUI, you obviously do not want to be using illegal drugs. These illegal drugs may be a sign of a problem with alcohol or other drugs, and if you can’t stay sober while on probation, there is no reason to believe that you will not use these substances after your probation is over. If a deputy believes that you have failed a drug test, they will file the Violation of Probation warrant.
There are a number of less common reasons for which a Violation of Probation may be filed. One of those reasons is if the defendant is sent to jail for a crime that the probation was related to. This means that the deputies automatically will list the probation and have the defendant serve both jail time and the probation at the same time.
A Violation of Probation charge may also be filed against you if you commit a new crime. Because you are on probation for a specific crime, committing another crime while on probation is a violation of your sentence. You are supposed to be under good, lawful behavior, and if you are suspected of breaking the law for another crime, the deputies may file a Violation of Probation warrant.
How the Legal Process Works in VOP Cases
Once the VOP warrant has been issued, you will first go to an initial hearing, which usually is held within a few weeks. At this time your attorney will be able to negotiate with the State Attorney’s Office about possibly keeping the probation status. If that does not happen, then at an arraignment hearing, the judge will decide if you should be taken into custody based on the VOP warrant and whether there are any non-monetary conditions of pre-trial release.
The court will then determine whether or not you need to remain on pretrial release following the initial or arraignment hearing. If released, you will be returning back to court within a month for a hearing to determine if you violated the terms of your probation. During this time, the probation officer prepares a Violation of Probation report and makes recommendations to the Assistant State Attorney assigned to the case. These recommendations often involve a proposed resolution to the VOP proceedings. The final decision is left to the presiding judge.
At this hearing, the State or Judge will consider a few things, including whether it is necessary to keep you on probation, or whether to terminate you from probation and reinstate your original sentence. If you are not going to be revoked and re-sentenced and there are other violations, the probation officer may recommend a probation modification. If you are not in violation of probation, then the violation will be dismissed.
Potential Penalties for VOP
A violation of probation is a serious matter. If the judge finds you guilty of violating your probation there are some options open to him or her at the time the case is heard. If you have a withholding of adjudication than you may only be sentenced to an extension of probation, a fine, any combination of those or possibly the imposition of prison time. This depends on whether the charge you were originally on probation for was a felony or a misdemeanor.
If the new charge is a misdemeanor than the judge has very limited possibly penalties. That judge can extend your probation, make you pay a fine, or some combination of those two options. The judge can not sentence you to jail. If you are charged with a new misdemeanor while on probation the case will either be dismissed or the original charge will go on your record as a conviction of a misdemeanor .
If the new charge is a felony charge than the possible penalties vary depending upon what type of felony the person is on probation for. If the original charge is a third degree felony then the judge can put you in jail for up to 90 days for the new felony charge. If the original charge is a second degree felony then the judge can put you in jail for up to 180 days for the new felony charge. If the original charge is a first degree felony, the judge can put you in jail for up to one year for the new felony charge. In the event the probation is being heard in front of the county court, the judge can also impose a term of probation concurrent to the one you are currently serving, or a probationary term that runs temporarily alongside the current one you are serving. The penalties are significantly greater for violations of felony probation as opposed to misdemeanor probation.
Legal Defense Against VOP
There are several legal strategies that may be employed by the defendant in a VOP case. In many cases, the defendant will contend that he or she did not actually commit a probation violation, and that the alleged facts are not actually true. This may involve refuting the assertions made by a probation officer or the prosecutor, and calling witnesses to testify at a hearing. It is crucial for the defendant to have legal representation throughout their VOP case, however, as even if the defendant was not technically in violation of probation, a judge may choose, based on the circumstances, to find the defendant is in violation.
A probation violation may result in very serious penalties for a defendant. A judge finds a defendant violated terms and conditions of a grant of probation, he or she essentially has a full "toolbox" of punishment options. In the worst possible situations, this could mean that the defendant goes to jail or prison simply because a probation officer alleges the defendant failed to report, was out past curfew, or had a little too much to drink.
Consequences of Multiple VOPs
When people are charged with a VOP for the first time, they may not think that it is a big deal. However, in violation of parole jurisdictions there is no citation of a specific violation of the law. In most jurisdictions, if you are on parole and you commit a new crime, it is common that the parole officer brings the case before a judge to allege that you violated your parole. For example, if you are charged with a new crime, your parole officer has the option of bringing you before the judge to face a parole revocation hearing or just sending you to jail for the amount of time on any "holds" for alleged new crimes. If you are charged with new crimes then you are in a very bad position because a judge is going to hear about you being a criminal and take a very dim view. With regard to probation, if you have a VOP for your first time and it is dismissed, you are starting anew, but if you have a VOP or two or more, the court sees you as part of a pattern of behavior and is going to attempt to teach you a lesson about compliance with a probationary sentence. A judge may decide to sentence you as minimal as possible for your first or subsequent VOPs, but if it happens multiple times, the judge is going to begin imposing substantial jail time. The same is true of parole violations. A VOP under Florida law may lead to a period of confinement for up to 364 days regardless of the underlying sentence . The consequences of violations can be quite severe. The Florida Commission on Offender Review may simply respond to a notice of an alleged violation by issuing a "Return to Court Warrant" and making the offender report for a hearing with the court. This may be sufficient to show the seriousness of the offense both to the offender and to public safety. But heavily overstuffed dockets and calendars are a factor that must be taken into account by all states. In such cases, supervision personnel must use their considerable discretion after the offender is taken into custody. Those who present some risk to public safety should receive no release from custody until a hearing. To show to the court a tale of "crimes without punishment" is what often brings the offender to the attention of the review board and gets them to hammer down in the end. After two "open" VOPs, the offender is virtually guaranteed a hearing with the Parole Commission on every subsequent violation. In this case, the commission puts the burden on the parolee to demonstrate their readiness for release. In the most serious cases, the hearing officer may go beyond revocation and recommend no release at all. In cases after three or greater VOPs, the risks to the parolee escalate. They will no longer be placed on basic unsupervised release after serving six months of a twelve-month period of incarceration. Several states attempt to keep their VOPs down to manageable levels.