Monday, October 27, 2014

Can I get Bond / ROR when I have a Probation Arrest Warrant? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     I will have a warrant due to violation of probation, but will be R.O.R. ed as soon as I get booked in. What does this mean?  I have been on probation for 20 months out of 24 due to DUI and possession of Xanax. I have completed all of my probation stipulations except for my monies paid to the clerk of court. This has put me in violation because I was to have it paid by July 2013. My probation officer called me and told me that the warrant was out f her control, and not to worry because as soon as I turn myself in I'll be released on my own recognizance (R.O.R.) after I get booked in. I am a single mother with a full time job, AND 33 weeks pregnant with my second child. Will I have to wait to go in front of a judge for him to r.o.r me? The judge that signed the warrant with the r.o.r. attached to it. will they give me a court date right there in book in? I don't want to go to the annex or be in jail for days.

A:  Chosen as "Best Answer" by Asker on AVVO!

Michael Adam Haber


Contributor Level 20


Lawyers agree
Answered First off, "ROR" stands for "release on recognizance" and is a term used when a Judge allows someone to remain out of custody without posting bail, essentially relying upon the Defendant's word that s/he will appear in court as directed. Second, while arrest warrants differ, in that some warrants have no bond provision, others have a cash bond provision and others (like yours) provide for ROR upon execution of the warrant, purpose of all such arrest warrant is to cause you to be taken before the Court.

That said, and if ("if") what you say is true, that there is an arrest warrant with an ROR noted on it, then, in my experience, one of 2 things can happen:

1) You can be picked up or surrender at the jail, be booked and, assuming that corrections reads the warrant properly, you will be released on your ROR, or, at worst, when you are brought before a Judge (within 24 hours of booking) then the Judge will honor the ROR and order your release;

2) (And this is what I would do if you were my client and if this case were in Miami-Dade) Rather than going to jail, and before being picked-up, I would physically bring you before the Judge, "surrender" you in open court and ask the Judge to quash the warrant then and there.

Again, relying upon your facts above, if the Judge has already determined that you should be ROR'd then s/he has necessarily determined that you can be trusted to appear as ordered and merely needs for you to address your probation failure, and if your probation failure is merely a monetary and you have completed all other conditions, then the Judge simply needs to question you as to your ability to comply and then determine what, if anything, to do (but if you honestly cannot pay then you cannot be incarcerated - there is no debtor's prison in the United States).

So, my advise to you is, if you have a lawyer, see #2 above - get this matter placed on calendar ASAP and there's an excellent chance that you will never see the inside of the jail. If you do not have a lawyer then get one. If you cannot get one then (and this is always dangerous advise to give a civilian, but you are a full-time, well-pregnant, employed mom who is clearly able to think and communicate so....) call the Judge's Chambers yourself, ask for the Judicial Assistant, and (politely and humbly) ask for the first available court date for you to surrender. (You can read them my answer if it is necessary for you to explain yourself - some JA's are quick and responsive, others have no patience and are flat out rude... either way you need to be sweet, concerned and patient).

If you have the ability to get a lawyer on this (frankly if you were local, given your circumstances, I'd offer to do this for you pro bono - and I expect that there are plenty o other compassionate attorneys who will help you with this extremely limited and relatively simple task) then do so. Again, although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search the Florida Association of Criminal Defense Lawyers website by locality (please see - and click on the "Find A Lawyer" tab). 

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


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