Violation of Probation
Central Florida, Probation Violation Defense Attorneys
Florida has zero tolerance for probation violations. If you or your loved one has failed a drug test or been arrested for another offense while on probation, the consequences are severe. A violation of probation generally results in being jailed on a no-bond status awaiting a hearing on the violation. If the State is able to prove one of the violations, the Court may impose up to the maximum sentence for the original charge in which the probation first started.There are two types of violations one may commit while being placed on supervised probation:
- Technical Violations
- Substantive Violations (New law offenses)
Technical Violations
When one is placed on probation, the Court may order different sanctions to be completed during the term of probation. For example, if you have been convicted for DUI, you would be placed on supervised probation and have to attend and complete substance abuse classes and community service hours (among other sanctions). If you failed to report to each required meeting with the probation officer, or failed to attend the classes, or failed to complete the community service hours, your probation officer may file an affidavit alleging the violation and you would be arrested for the offense of violation of probation.
Substantive Violations
While being placed on probation, one of the conditions of your probation is to remain at liberty during the term of your probation. If you are arrested or noticed to appear for any offense while on probation, including even a minor traffic offense such as attaching a tag not assigned to your vehicle, your probation officer may file an affidavit alleging the violation and you would be arrested for the offense of violation of probation.
Resolution
As experienced criminal defense attorneys, our first aim in any probation violation case is to file a motion for a bond hearing as soon as possible to attempt to get you or your loved one out of jail. We understand that people need to work in order to earn a living, and that it is very important that we try to get you or your loved one free. Unfortunately, the law does not entitle a violator with a bond. The Court has the discretion to lift the no-bond status or continue to hold you or your loved one without bond.Our next goal is to resolve the technical offense or new criminal charge so that probation can be restored. Upon a finding that the State has satisfied its burden of a preponderance of the evidence, the Court may do one of three things:
- Restore Probation
- Modify Probation
- Revoke and Terminate Probation
Restored Probation
If the Court restores probation, the violator will continue to be placed on supervised probation and will be required to fulfill the remaining sanctions that were originally ordered by the Court.
Modified Probation
If the Court modifies probation, the Court may impose new sanctions as conditions of probation that must be completed prior to the completion date. For example, the Court may order additional community service hours and random urine tests in order to detect the presence of drugs and/or alcohol in your system. If these additional requirements are not completed during the course of probation, the probation officer will violate you a second time in the same case, which may in incarceration.
Revocation and Termination of Probation
If the Court revokes and terminates probation, the Court has either decided that no additional sanctions are required for violating probation or the Court has determined that the violator is not a candidate for probation and punishment by incarceration is required.
At the law firm of Jaeger & Blankner, we are ALL Former Prosecutors with more than 90 years of combined experience. Both Joerg F. Jaeger and F. Wesley "Buck" Blankner are Board Certified Criminal Trial Specialists. Our years of experience have earned us a listing in the Martindale-Hubbell Bar Register of Preeminent lawyers, as well as an AV® Peer Review Rating.
We exclusively handle criminal cases only and have handled thousands of violation of probation cases. We offer a free initial consultation to discuss what can be done in you or your loved one's case. In addition, we offer flexible payment plans and will work with you and your financial abilities. To better understand the philosophy of the firm and learn how we will aggressively fight for you and your case visit our Firm Overview page. Let us put our experience to work for you. Contact the firm of Jaeger & Blankner now. Se habla Español.
