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No Bond for VFOSC Probation Violations

The Sun Herald reported on April 6 that rapper Kodak Black’s management said in a post on the website for the Spring Break Explosion Music Festival that he would be forced to reschedule his April 7 Biloxi performance “due to an unforeseen incarceration.” According to the Sun-Sentinel, the 19-year-old artist, whose real name is Dieuson Octave, has remained in the Broward Main Jail without bond ever since being arrested in February for four alleged violations of his probation. 

The Sun-Sentinel reported that Octave’s probation officer at the Florida Department of Corrections initially accused him of four violations of his house arrest, including failure to complete an anger management program, going out to a strip club, a boxing match in Ohio, and going to other unspecified locations without permission. At a danger hearing on March 20, two additional allegations (a battery offense and being at the strip club without prior approval) were added to the Department of Corrections affidavit against Octave, according to the Sun-Sentinel. A final violation hearing is scheduled for April 19.

Danger Hearing Lawyer in Miami-Dade County, FL

The enactment of the "Anti-Murder Act" in 2007 amended Florida Statute § 948.06(4) to create six classes of violent felony offender of special concern (VFOSC). A person is considered a VFOSC if he or she is on felony probation or community control either: 

  • related to the commission of a qualifying offense committed on or after the effective date of this act; 
  • for any offense committed on or after the effective date of this act, and has previously been convicted of a qualifying offense; 
  • for any offense committed on or after the effective date of this act, and is found to have violated that probation or community control by committing a qualifying offense; 
  • and has previously been found by a court to be a habitual violent felony offender as defined in Florida Statute § 775.084(1)(b) and has committed a qualifying offense on or after the effective date of this act; 
  • and has previously been found by a court to be a three-time violent felony offender as defined in Florida Statute § 775.084(1)(c) and has committed a qualifying offense on or after the effective date of this act; or 
  • and has previously been found by a court to be a sexual predator under Florida Statute § 775.21 and has committed a qualifying offense on or after the effective date of this act. 

Florida Statute § 948.06(8)(c) lists 19 different offense as qualifying offenses, including violent crimes such as murder and aggravated battery as well as other more questionable offenses such as arson and aircraft piracy. The Anti-Murder Act was passed to lengthen prison sentences and deny bail to VFOSCs who violate the terms of their probation or community control. 

VFOSCs are among the small group of individuals who are required under Florida Statute § 948.06(8)(d) to remain in custody pending the resolution of an alleged violation of probation or community control other than a failure to pay costs, fines, or restitution. Courts must conduct danger hearings (also referred to as dangerousness hearings) in order to determine whether VFOSCs pose a danger to the community. 

If a court finds that a VFOSC does pose a danger to the community, it will revoke probation and sentence the VFOSC to the statutory maximum, or longer if permitted by law. If, however, the court finds that a VFOSC does not pose a danger to the community, it can revoke, modify, or continue the probation or community control or place the probationer into community control. 

If you or your loved one have been accused of violating the terms of your probation or community control and are or could be a VFOSC, it is in your best interest to immediately retain legal counsel. Miami criminal defense attorney Evan A. Hoffman represents clients accused of probation violations all over the greater Miami-Dade County area.

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Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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