In 2014, our client was placed on a period of probation for one year in Alachua County. There was a technical violation alleged and an outstanding warrant for violation of probation issued. Our firm was retained in 2024 to resolve this matter. Immediately we reached out to the State and asked them to dismiss based on a Mobley issue. Mobley v. State is a Florida case that states prior to 2017 an affidavit of violation alleging a technical violation of misdemeanor probation does not toll or stop the defendant’s probation period. Our client’s probation period was 12 months and a VOP warrant was issued in 2014. However, because they never picked him up on the warrant, the warrant and the violation being filed did not stop the probation period and after 12 months the state no longer had jurisdiction to prosecute him. The State agreed they lacked subject matter jurisdiction and consented to an unopposed motion to dismiss. Case Closed.
DUI & Criminal Division
