When an individual is released from jail or prison for a trial period, often due to good behavior, they are still required to be under court supervision and are considered to be on probation. In some instances, individuals can be given probation in lieu of a prison sentence. Probation is conditional and depends on the individual living up to certain expectations, following the laws of the land, and fulfilling exact requirements as laid out by the court. Individuals who are granted probation are monitored by probation officers. Any deviation or probation violation could mean additional restrictions put in place. It could also mean the individual would be required to serve out a prison sentence.
The genuine care and concern Mr. Ali showed us during a difficult time were very much appreciated. It has been a long journey, however, Mr. Ali and the team at Ali & Blankner have been there with us each step along the way.T.M.
Types of Probation Violations
There are two main types of violations that can be committed during court-supervised probation:
- Technical Violation: An example of a technical violation would be if you were convicted of a DUI yet failed to attend court-ordered substance abuse classes or complete community service hours. If this were the case, you would violate your probation. Failing to meet with your designated probation officer or inform them of a change of address could also be a technical violation.
- Substantive Violation: If you are arrested for committing a crime while on probation, you can not only expect to be arrested, but your probation officer could file an affidavit stating the violation and recommending your probation be revoked.
If you or a loved one has been charged with probation violations, we advise you to consult with our firm immediately. Our Orlando probation violation attorneys can rapidly review your case, evaluate the evidence against you, challenge any false accusations, and build you an aggressive criminal defense.
Keep in mind the consequences for probation violations are extremely severe in the state of Florida; in most cases, a violation means you could be sent to jail on a no-bond status while you wait for your hearing. If the state can prove your probation violation, you may be facing the maximum sentence for your original charge.
Why You Need an Experienced Probation Violations Attorney
If you have found yourself with a violation while you were still under probation, and now you are wondering if it is worth hiring an attorney to represent you, the answer is YES. Having legal representation on your side during the probation violation hearing is often a necessity when it comes to properly presenting your case. It can also help to keep your probation active instead of withdrawing the agreement and to help issue evidence and explanations before any admittance, to said violation, takes place.
Your future is on the line, and you need an experienced attorney fighting on your behalf. Together, our Orlando probation violation attorneys have more than 85 years of combined experience and have handled well over 100,000 cases. We understand what is at stake, and we know how to help you navigate the legal system. Our firm offers free initial consultations and payment plans; get in touch with us now to discuss your legal rights and options with a member of our team.
Hiring a professional legal team is the absolute best thing that you can do when preparing for any type of court case. Legal jargon aside, the law is very confusing, intricate, and often extremely complex; anyone who does not have a law degree may have a hard time navigating the court systems. The attorney you hire should be able to prepare you for court, with a clearer understanding of what is to take place and the best strategies for disproving or admitting to the claim during the trial process. They can also work to lower the sentencing caused by the violation if you are found guilty. A probation violation could result in jail time, community service, or a warning—but either way, having a legal team present can significantly increase the likelihood of getting these charges at least lowered.
Contact Ali & Blankner to Speak to Our Probation Violation Lawyers Today
If you have been accused of violating your probation, whether you are trying to disprove the charges or are admitting freely that you did violate the terms of your probation, you need an experienced and aggressive attorney by your side. The state of Florida has zero tolerance when it comes to probation violations, so securing counsel from a knowledgeable and experienced attorney is strongly recommended if you wish to protect your rights and preserve your freedom.
Our Orlando probation violation attorneys have been fighting for clients since 1986. In addition, all Ali & Blankner attorneys are former prosecutors, so we understand exactly how prosecutors will go about preparing and presenting their case against you. This unique insight gives us a perspective that many other attorneys do not have.
We are committed to providing our clients with the aggressive representation they deserve. Our bilingual staff can assist you in English and Spanish, and we do not charge any fees for initial consultations and case evaluations.
The state of Florida takes probation violations very seriously. If your probation officer or law enforcement even suspects that you have committed a probation violation, you may have a warrant issued for your arrest, or you may be arrested immediately. Often, people who are arrested for probation violations are not eligible to bond out of jail, meaning they will remain imprisoned until their probation violation hearing.
Unfortunately, being accused of violating probation puts you at a distinct disadvantage, as you will almost certainly have fewer protections under the law than you would if you were being charged with a new crime. In Florida, you do not have the right to a trial by jury when you violate probation. Instead, you must attend a probation violation hearing before a judge. That judge will decide on our case and sentence you accordingly.
Depending on the specific details of your situation, the judge may:
- Revoke your probation, meaning you must go back to jail or prison
- Modify your probation
- Reinstate your probation
Additionally, unlike in other criminal proceedings, hearsay is admissible as evidence against you at the probation violation hearing. This means that your probation officer or a police officer can say that you did something in violation of your probation without having to provide further proof. They do not need to prove that you violated your probation beyond a reasonable doubt.
There is also no statute of limitations for probation violations in Florida. In other words, there is no deadline by which a police officer or probation officer must bring legal action against you; they can request a probation violation hearing at any time, even if the alleged violation happened a long time ago.
What Are the General Conditions of Probation?
There are general conditions for probation that must be followed:
- Report to a probation officer
- Maintain employment or enrollment in school
- Do not commit any crime during the probation period
- Pay the requisite fees, fines, and/or costs
When probation is violated in these or other specific conditions, the probation officer in charge of handling the case can file for violation notice with the court. The court may then go on to issue a warrant for your arrest. While there are many protections and rules that can still apply, you will have an opportunity to hire an attorney, and it is strongly suggested that you do, as the judge may still find you in the wrong and convict you.
Some possible outcomes could include:
- The probation remains unchanged. Especially if the offense is minor, the court may leave you with a warning and a slap on the wrist.
- If a serious crime has been committed from the violation and may not be the first time you have violated the probation agreements, the judge can reverse the probation altogether, in which case, you most likely will end up serving some or all of the entire jail sentence.
Admitting you were in the wrong is one thing, but being able to explain why you did these things could help your case. Having your explanation be presented by your lawyer to the judge can allow more matter-of-fact evidence to come to light.
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