Fillable form if (1) you are currently facing an (Florida)

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Request to Resolve Violation of Probation While Incarcerated in Holding Court
Explanation and Instructions – Please Read Carefully!
A “Request to Resolve Violation of Probation While Incarcerated in Holding Court” is a form that
allows you to request that your pending violation of probation (VOP) or community control
(VOCC) be resolved while you are housed in another circuit. Therefore, you should only use this
form if (1) you are currently facing an allegation of violating probation or community control and
(2)
are not currently being held in the same circuit as your violation of probation or community
control charge.
You may not use this form to address new charges; rather, you should use the packet titled
“Request to Transfer New Case.”
Instructions
(1)
Please fill out the attached form in blue or black ink and print legibly. Write the correct
case number, county, and circuit for your pending VOP/VOCC. The attached form may
also be filled-in electronically.
(2)
The attached form refers to “Home Court” and “Holding Court.” “Home Court” is the
court where your pending violation of probation or community control is. “Holding Court”
is the county where you are currently in jail.
(3)
Once this form is completed, provide it to jail staff who will forward it to the circuit judge
authorized to hear and resolve cases statewide.
(4)
This form will first be reviewed by the Holding Court. The Holding Court will contact the
Home Court and determine whether (1) the pending VOP/VOCC can be handled by the
Holding Court, (2) the Home Court can resolve the pending VOP/VOCC charges remotely,
or (3) the pending VOP/VOCC cannot be resolved until you are transported to the Home
Court.
a.
The Holding Court Judge who would preside over your VOP/VOCC has temporary
jurisdiction to handle “necessary matters relating to cases of criminal defendants
being held indefinitely outside of the jurisdiction in which the defendant’s case is
pending.” Florida Supreme Court Admin. Order 2020-92. However, before the
Holding Court can resolve your VOP/VOCC, you will need to acknowledge that
you have the right to have your VOP/VOCC resolved in the Home Court and that
you waive venue.
Completion and submission of this form does not guarantee that your pending
violation of probation or community control will be resolved prior to Defendant’s
transfer to the “Home Court.” However, efforts by the Holding Court will be made
to coordinate with the Home Court to either resolve your VOP/VOCC remotely or
have it handled with the Holding Court.
IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT
(“Home Court”)
IN AND FOR COUNTY, FLORIDA
(“Home Court”)
STATE OF FLORIDA,
v. CASE NO.:
(“Home Court”)
,
Defendant.
/
REQUEST TO RESOLVE VIOLATION OF PROBATION
WHILE INCARCERATED IN HOLDING COURT
Defendant is currently facing an allegation for violating probation or community control
in (“Home Court”) County, Florida. However, Defendant is currently
incarcerated in (“Holding Court”) County, Florida, and due to the current state
of emergency, law enforcement cannot transport Defendant to (“Home Court”)
County, Florida, for resolution of VOP/VOCC. Therefore, the Defendant
(initial here) Requests that his VOP/VOCC be resolved while he is housed in
(“Holding Court”) County, Florida.
(initial here) Understands that if he or she ultimately resolves his or her
VOP/VOCC with the “Holding Court,” then he or she waives venue and the right to have his or
her VOP/VOCC resolved in the “Home Court.”
(initial here) Understands that this form does not guarantee that his or her pending
violation of probation or community control will be resolved prior to Defendant’s transfer to the
“Home Court.”
Defendant Date
***This form, once completed, should be sent to the local county judge for copies to be sent
and to be electronically filed by the judge’s judicial assistant in the “Home Court” case.
CERTIFICATE OF SERVICE
(To be completed by the local judge’s judicial assistant)
I hereby certify that on this _________ day of ________________________, 20_____,
the foregoing Request was furnished to the below parties by U.S. Mail, hand delivery, or
electronic means to:
Original:
Clerk of the Circuit Court in and for County, Florida (“Home Court”)
Copies:
Appropriate judge in Home Court
Court Administration in Home Court
Defendant
Office of the State Attorney, Circuit, in and for County, Florida (“Home Court”)
By:
Judicial Assistant
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form if (1) you are currently facing an (Florida)

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Completed 10 January 2021

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