Violation of Probation
If you are facing charges of violating your probation, you need to be aware that those are very serious charges which should never be taken lightly. A probation violation can land you in court facing a conviction with very stiff penalties.
You need to be advised that without the help of a good criminal defender your chances of fighting the charges are very slim. As opposed to other crimes, by definition probation violations are only committed by convicted criminals, so the justice system is already biased against you.
Don’t let that bias stand in the way of getting fair justice for yourself. Get the help of an experienced attorney who will stand by you and fight for you.
South Florida Criminal Attorney Evan A. Hoffman is a former prosecutor who understands how those with a criminal record are treated in the Justice System. He knows all sides of the law and can use that knowledge to provide you with a strong defense.
Evan A. Hoffman can work with you to examine the details of your case, and work to avoid some of the harshest penalties which may result from a probation violation. With years of experience as the Assistant State Prosecutors, Evan A. Hoffman knows both sides of the argument and can use this knowledge to your advantage.
Call The Hoffman Firm at (305) 249-0090 today to schedule your consultation and get started working on your defense. This firm serves Miami-Dade County, North Miami, and surrounding areas.
- Probation defined by Florida law
- Conditions and restrictions of probation
- Consequences of a probation violation
- More information on probation and avoiding violations
Probation in Florida
Florida Code 948.06 deals with probation and defines it by the following:
(1)”Administrative probation” means a form of non-contact 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, and because the person has already been sentenced to probation, a person has less protection than if they were charged with a new crime.
Conditions of Probation
The conditions of probation all depend on what is worked out with the court and judge. In general, probation means that a person is assigned a probation officer who they must meet with on a regular basis.
This probation officer has the authority to check 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
There are many other possible requirements of probation, and any failure to carry them out exactly may result in a violation of the probation and can result in having the probation revoked altogether, and or having additional penalties added.
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.
Alternatively, upon violation of probation, a warrant may be issued for an individual’s arrest, or the individual may be required to appear in court.
More Probation Resources
Florida Department of Corrections - This state site offers answers to frequently asked questions regarding probation, probation officers, and payments.
Probation violations are very serious and must be dealt with in a timely manner. If not, they can result in very negative long term consequences. If you are on probation and have been accused of a violation, contact criminal defense attorney Evan Hoffman of The Hoffman Firm at (305) 249-0090 today and see how he can help.
He will be happy to give you a free consultation and get started on a proper defense strategy to avoid further penalties. This firm serves North Miami, Palm Beach, and surrounding areas.