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Motion to Dismiss VOP Based on Jurisdiction


Attorneys for Motion to Dismiss VOP

At Leppard Law, we understand the complexities of facing a Violation of Probation (VOP) charge in Florida. Our team, spearheaded by Joe Easton and John Vallillo, combines over 60 years of criminal defense experience to offer unparalleled legal support. With a track record of success and a client-centered approach, we’re here to navigate you through the challenging landscape of VOP charges.

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“Facing a VOP charge can be daunting, but with Leppard Law, you’re not alone. Our strategic defense and personal touch make all the difference.”

Understanding Motion to Dismiss VOP

A Motion to Dismiss VOP is a legal document filed by your defense attorney challenging the court’s jurisdiction over your case. This challenge is often based on the specifics of the Mobley Motion to Dismiss and whether appropriate actions were taken before your probation term’s natural expiration. If these actions were not executed correctly, the court might lose its jurisdiction, offering a potential pathway to dismiss your VOP charges.

The criteria for tolling the probationary period are critical in these cases. For instance, the filing of a VOP affidavit and the issuance of an arrest warrant under Florida Statute Section 901.02 must occur before probation expires. Our team meticulously examines every detail of your case, leveraging the VOP affidavit and arrest procedures to build a strong defense.

Understanding the nuances of Florida’s legal statutes and how they apply to your case is paramount. The Mobley ruling, for instance, clarifies that a warrant issued for a technical violation does not toll the probationary period unless it’s for a new crime. This distinction is crucial and can significantly impact the strategy for your defense.

At Leppard Law, we’re not just about legal representation; we’re about providing a beacon of hope. Our lead attorneys leverage their extensive experience, including insights as former prosecutors, to navigate the complexities of your VOP case. With over 300 5-star Google reviews, our commitment to excellence and our innovative defense strategies have made a significant difference in the lives of our clients.

If you’re facing a VOP charge in Florida, it’s crucial to act swiftly. Contact us today at 407-476-4111 for a consultation. Let our expertise and personalized approach guide you through this challenging time, towards a more stable future.

 

When facing a Violation of Probation (VOP) charge, understanding the legal grounds for potentially dismissing the case can provide a beacon of hope. At Leppard Law, we meticulously analyze your case against the backdrop of Florida’s legal landscape to identify any jurisdictional challenges and procedural errors that could lead to a dismissal.

Examining Jurisdiction in VOP Cases

The concept of jurisdiction plays a crucial role in the realm of VOP charges. Jurisdiction refers to the court’s authority to hear a case and make legal decisions. In the context of VOP cases, if certain procedural steps are not taken before the probation period naturally expires, the court may lose its jurisdiction, rendering it unable to impose any further penalties.

The steps required to maintain jurisdiction include:

  • Filing a VOP affidavit by the probation officer alleging a probation violation.
  • Issuing and serving an arrest warrant or executing a warrantless arrest or notice to appear under Florida Statute Section 901.02 before the probation period ends.

Failure to adhere to these steps can result in the court losing jurisdiction the day the probation was set to naturally expire. This is where the Mobley Motion to Dismiss comes into play, challenging the court’s jurisdiction based on procedural missteps.

Solitary Man in Jail

The Sepulveda v. State ruling further clarifies that the probation period is tolled (paused) upon the filing of a VOP affidavit and the issuance of an arrest warrant. However, the Mobley ruling emphasizes that for a technical violation, the warrant does not toll the probationary period unless it’s for a new crime. This distinction is crucial in developing a defense strategy for your VOP case.

At Leppard Law, our experienced attorneys, including Joe Easton and John Vallillo, leverage these legal nuances to protect your rights. Whether it’s challenging the court’s jurisdiction or identifying procedural errors, our team is dedicated to exploring every avenue to secure a favorable outcome for your case.

Understanding the legal grounds for filing a Motion to Dismiss VOP is just the first step. If you’re navigating the complexities of a VOP charge, don’t face it alone. Contact Leppard Law at 407-476-4111 today for a consultation. Let our expertise and personalized approach guide you through this challenging time.

For more information on VOP charges and defenses, explore our resources on VOP affidavits, the Florida Anti-Murder Act, and violations of community control. At Leppard Law, we’re committed to providing the highest level of legal support to our clients.

Strategic Defense: How Leppard Law Approaches VOP Motions

At Leppard Law, our approach to handling Violation of Probation (VOP) motions is built on a foundation of strategic defense and personalized legal planning. With a deep understanding of the complexities surrounding VOP cases in Florida, our team, led by Joe Easton and John Vallillo, employs innovative strategies that have consistently led to successful outcomes for our clients.

Our first step in any VOP case is a thorough review of the circumstances surrounding the alleged violation. This meticulous analysis helps us identify any potential jurisdictional challenges or procedural errors that could lead to a dismissal of the charges. By leveraging the Mobley Motion to Dismiss and other legal precedents, we aim to protect your rights and secure the best possible outcome.

Customized Defense Strategies

Understanding that each VOP case is unique, we tailor our defense strategies to the specific details of your situation. This personalized approach ensures that we address the nuances of your case, whether it involves technical violations, new criminal charges, or other complicating factors.

Some of the key strategies we employ include:

  • Challenging the jurisdiction of the court based on procedural missteps.
  • Arguing the absence of a warrantless arrest or proper notice as required under Florida Statute Section 901.02.
  • Highlighting any discrepancies or inconsistencies in the VOP affidavit or the probation officer’s allegations.
  • Presenting evidence of compliance with probation terms or mitigating circumstances that may influence the court’s decision.

Our dedication to excellence and personalized defense planning has not only led to numerous VOP dismissals but has also earned us over 300 5-star Google reviews. Our team’s commitment to fighting hard for our clients, coupled with our unique and strategic approach to cases, sets us apart in the legal community.

If you’re facing a VOP charge and need a defense team that will go the extra mile for you, contact Leppard Law at 407-476-4111 today. Let us put our innovative defense strategies and personalized approach to work for you.

For more insights into our defense strategies and how we can help with your VOP case, explore our resources on violations of community control, the Florida Anti-Murder Act, and early termination of supervised release. At Leppard Law, your defense is our top priority.

 

Sample Motion to Dismiss Violation of Probation for Lack of Jurisdiction Template

Welcome to Leppard Law, where we are committed to providing our clients with the highest level of representation in criminal defense matters. Understanding the complexity of legal proceedings, especially when it comes to probation violations, is crucial for effective defense. To assist our fellow criminal lawyers and those interested in the legal nuances of probation violations, we present an example template for a Motion to Dismiss (MTD) a Violation of Probation (VOP) due to lack of jurisdiction.

This template is designed to serve as a guide for crafting motions that challenge the court’s jurisdiction over a probation violation case. It is important to adapt this template to the specifics of each case, ensuring that all legal arguments are tailored to the unique circumstances at hand.

Please find below the Motion to Dismiss Violation of Probation for Lack of Jurisdiction template, ready for customization and use in your legal proceedings.

 

IN THE XXXXXX  COURT, XXXXXXXX  JUDICIAL CIRCUIT, CRIMINAL JUSTICE DIVISION, IN AND FOR XXXXX COUNTY, FLORIDA

STATE OF FLORIDA,
Plaintiff, CASE NO. XXXXX
DIVISION XXXXX
vs.

XXXXX,
Defendant.
___________________________________/

SAMPLE MOTION TO DISMISS VIOLATION OF PROBATION FOR LACK OF SUBJECT MATTER JURISDICTION (TEMPLATE) 

COMES NOW the Defendant, by and through the undersigned attorney, pursuant to section 948.06(1), Florida Statutes, and moves this Court to enter its Order dismissing the violation of probation in the above-styled cause. In support of this motion the Defendant would show:

  1. The Defendant was sentenced to a term of twelve months probation, for the charges of Violation of Injunction for Protection Against Domestic Violence, on XXXXX, in the above-styled cause. See exhibit A.
  2. The Defendant is charged in the above-styled cause with violating the terms and conditions of his probation.
  3. Pursuant to the Judgment and Sentence in this cause, the Defendant’s probationary term was to run concurrent with any sentence currently serving, specifically cases XXXXX and XXXXX. See exhibit A.
  4. The Violation of Probation Affidavit in the above-styled cause was not filed until XXXXX, over XXmonths after his probationary period had expired. See exhibit B.
  5. That because the probationary term was not tolled via the appropriate mechanisms prescribed by statute, the Defendant’s term of probation expired on or about XXXXX at which time this Court was divested of jurisdiction over this cause. Fla. Stat. § 948.06(1)(d) (XXXXX). Please see State v. Futch, 979 So. 2d 1215 (Fla. 3d Dist. Ct. App. 2008), (citing Francois v. State, 695 So. 2d 695, 697 (Fla. 1997).

WHEREFORE, the Defendant respectfully requests this Court to enter an order dismissing the violation of probation due to lack of subject matter jurisdiction.

CERTIFICATE OF SERVICE

I CERTIFY that a copy hereof has been furnished to the Office of the State Attorney, XXXXX; and to the Honorable XXXXX, XXXXX, by e-service delivery on the XXXXX day of XXXXX, XXXXX.

 

 

Scales of Justice

What to Expect After Filing a Motion to Dismiss VOP

When you’re facing a violation of probation (VOP) in Florida, understanding the procedural steps that follow the filing of a Motion to Dismiss VOP is crucial. At Leppard Law, we guide our clients through every stage, ensuring they are fully prepared for what lies ahead. This guide aims to demystify the process, providing clarity and peace of mind during a potentially stressful time.

 

After filing a Motion to Dismiss VOP, several key steps unfold. These steps are critical in determining the outcome of your case. Here’s what you can expect:

  1. Initial Review: The court will first review the motion to ensure it meets all legal standards and requirements. This step is crucial as it sets the stage for further proceedings.
  2. Hearing Scheduled: If the motion is deemed valid, a hearing will be scheduled. This gives both parties the opportunity to present their arguments regarding the motion.
  3. Presentation of Evidence: During the hearing, your defense team at Leppard Law will present evidence supporting the motion to dismiss. This may include legal precedents, such as the Mobley ruling, and arguments regarding jurisdictional issues.
  4. Judicial Deliberation: After hearing arguments from both sides, the judge will deliberate on the motion. This process may take time, depending on the complexity of the case and the evidence presented.
  5. Decision: The judge will then issue a decision. If the motion is granted, the VOP charges could be dismissed, effectively ending the case. If denied, the case proceeds to trial or further hearings.

It’s important to note that the outcome of a Motion to Dismiss VOP can significantly impact your case. A successful motion can lead to the dismissal of charges, while a denial means you’ll need to prepare for further legal battles.

“At Leppard Law, we leverage our extensive experience and in-depth understanding of Florida’s legal system to advocate for the dismissal of VOP charges. Our goal is always to secure the best possible outcome for our clients.”

Throughout this process, the team at Leppard Law remains committed to providing personalized, strategic defense planning. With over 60 years of combined criminal defense experience, our attorneys, led by Joe Easton and John Vallillo, have successfully navigated countless VOP cases, securing favorable outcomes for our clients.

Understanding the procedural nuances of a Motion to Dismiss VOP is just the beginning. Partnering with a law firm that combines legal expertise with a personal touch can make all the difference. If you or a loved one are facing VOP charges in Florida, don’t hesitate to contact Leppard Law at 407-476-4111 for a consultation. Let us put our experience to work for you.

Infographic depicting the words Motion to Dismiss VOP Based on Jurisdiction

 

Frequently Asked Questions

Exploring related legal fields is crucial for a comprehensive defense strategy. Below are additional areas we serve in Florida, ensuring robust support for our clients.

Violation of Probation Attorneys VOP Affidavit in Florida Explained Attorneys
Violation of Sex Offender Probation Attorneys Florida Anti-Murder Act Explained Attorneys
Violation of Community Control Attorneys Motion to Dismiss VOP Based Jurisdiction Attorneys
Order of Probation Attorneys Early Termination of Supervised Release Attorneys

List of Top-Rated Motion to Dismiss VOP Attorneys Serving Florida

Choosing the right legal representation is pivotal when facing a Motion to Dismiss VOP. Our team, led by seasoned attorneys, ensures you’re well-informed and prepared at every step.

  • Joe Easton: With over 20 years of criminal defense experience, Joe Easton’s former prosecutor background gives him unique insights into building a strong defense.
  • John Vallillo: John Vallillo combines over 25 years of experience with a record of case dismissals, offering strategic defense planning and proactive advocacy.
  • Joel Leppard: Joel Leppard’s innovative defense strategies and personal commitment to each case have established Leppard Law as a top-rated Florida criminal defense law firm.

Discover What Our Clients Are Saying

At Leppard Law, our dedication to excellence in handling Violation of Probation Offenses shines through in every case. The positive feedback from our clients is a testament to our hard work and commitment.

 

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Infographic depicting the words Motion to Dismiss VOP Based on Jurisdiction

Ready to Defend Your Rights?

At Leppard Law, we understand the stress and uncertainty that comes with facing a Motion to Dismiss VOP Based on Jurisdiction. That’s why we’re committed to providing you with a defense that’s not just about legal expertise, but about a personal relationship. Our attorneys, led by Joe Easton and John Vallillo, bring over 60 years of combined experience and a track record of success to your case. With a focus on innovative defense strategies and a personal touch, we fight hard to secure the best possible outcome for you.

Don’t navigate this challenging time alone. Let us show you what it means to be part of the Leppard Law family. Experience the difference of having a team that knows you as well as they know the law, and who are as dedicated to your case as they are to upholding your rights.

Call us today at 407-476-4111 for a free consultation. Discover why we’re consistently ranked among the top criminal defense attorneys in Florida, and let us put our expertise to work for you.

Choose Leppard Law: Where your voice is our mission, and your defense is our priority. Call 407-476-4111 now to start your journey towards justice.

 

Trusted Content

 

Legally Reviewed by Joe Easton

Expert Attorney

Legally reviewed by Joe Easton and the content team, this article reflects the firm’s 60 years of combined criminal defense expertise. Joe Easton, with his extensive experience and strategic prowess in DUI and criminal defense, offers more than just legal representation; he brings a commitment to turning legal challenges into triumphs. His approach, combining tenacity in the courtroom with personalized client care, ensures your case is not just defended but championed with dedication and expertise.

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