Potential for Arrest: Outstanding Warrant While at Florida DMV

Set the stage:  A person is arrested for a DUI while out on parole.  Makes bail for the DUI and the person’s parole officer logs the parole violation.  Parolee’s lawyer says to take a DUI class, but it requires an ID that the parolee does not have.  To get such an ID, the parolee must register at the Florida (FL) DMV.  The parolee is concerned about being arrested.

It needs to be noted that parole is not the same as probation.  Probation is an alternative to imprisonment, a period of supervision in the community imposed by the court. Probation is supervised by the Department of Corrections in Florida.  Parole is the release of an inmate from prison before the inmate’s sentence is complete. Parole is a period of supervision; must be successfully completed, must comply with the release agreement’s conditions and terms as ordered by the Florida Parole Commission.  The Commission’s decision to parole an inmate is an act of grace of the State.  It is not a right.

The parolee has every reason to fear being arrested for breaking parole as the violation will likely come up in a search by the DMV for any criminal record on the name and address stated on the application.  The parole violation will likely end up as an arrest warrant once the violation reaches the court’s bench.  At this point, either a manhunt of some sort occurs, or the courts await the parolee doing some activity that alerts the state and or the police that the parolee is the doing this action.  This action will be the application for an ID at a FL DMV.

What will likely occur is that the DMV will find the now outstanding arrest warrant for the parole violation.  The DMV will alert the police that the person applying for ID has a warrant for arrest, and the police will arrest the parolee on the premises.  The police will bring the parolee to court somewhat immediately.  Somewhere in here the parolee needs to call his or her lawyer to update the lawyer, arrange bond and expedite the case, or somehow eradicate the violation by convincing the judge that the violation was somehow a misunderstanding.  Not likely say the experts given that the parole violation was a DUI.

The judge will be inclined to send the parolee back to prison to complete the parolee’s prison sentence with some additional time for violating the parole.  This is not the DUI sentence.  That will come once the DUI case is brought to court.  With the DUI being a parole violation, it is very likely that the parolee will be doing even more prison time, rather than just a fine, some fees, and probation.  Probation could happen, but experts in Florida law and parole violations stated very clearly that it is very unlikely to occur.

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