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.