What is a Probation Violation and how do I defend myself against it?
Florida code chapter 948 deals with Probation and defines it as:
(1) “Administrative probation” means a form of noncontact supervision in which an offender who presents a low risk of harm to the community may, upon satisfactory completion of half the term of probation, be transferred by the Department of Corrections to non-reporting status until expiration of the term of supervision.
A Violation of Probation proceeding is very different than being charged with a new crime, because the person has already been sentenced to probation; so the person has less protection than if they were charged with a new crime.
What are the conditions of Probation?
The conditions of Probation all depend on what is worked out with the court and judge. But in general, Probation means that a person is assigned a Probation Officer who they must meet with on a regular basis, and who may check in on them unannounced to ensure that they are not in violation of their Probation.
Conditions of Probation usually include any of the follow:
- Being prohibited from associating with any known criminals
- Attending court ordered classes
- Attending regular meetings with Probation Officer
- Registering place of residence with the court
- Not being able to change residence without permission of the court
What are the Penalties for Violating Probation?
If a person violates their Probation, the court can do one of three things:
- Reinstate your Probation,
- Modify your Probation, or
- Revoke your Probation.
If the court revokes a person’s Probation, Florida law allows the court to then impose the maximum penalty for the charge they were placed on probation for.
If you are facing a violation of your probation, you may find yourself in very serious trouble which can go from bad to worse if you don’t address it with the proper legal help.
As cited above, by definition a person who has violated their probation has already been convicted of a crime, so the legal system is already bias against them. There are ways to defend against further penalties for violating probation, but each case is different and the strategies will vary from case to case.
It is critically important to have the help of someone like South Florida Criminal Lawyer Evan A. Hoffman. The Hoffman Firm’s staff has the experience and expertise to be able to help someone fight a probation violation. They also offer free consultations so there is nothing to be lost by contacting them to see how they can help.
Don’t waste valuable time in defending yourself by not having a legal team like Evan Hoffman and his firm fighting for you. Call now (305) 249-0090 or contact us online.