In Florida, judges rapidly place arrest warrants for probation violators. There is no statute of limitations for violating of probation. If you are arrested you will be taking into county jail. Often, individuals charged with probation violations are held without bond until their case is resolved. Our clients need an attorney to drop everything and find a way to resolve the violation of probation case under the best terms possible. Unlike other types of criminal charges, those accused of Violation of Probation do not have a right to a trial before a jury. While new charges must be proven beyond all reasonable doubt, VOP accusations need only be proven by a slight preponderance of the evidence which is a much lower burden of proof.
Sentencing For Violation of Probation Charges
Probation violators who are found guilty will more than likely receive additional conditions added to their probation terms. The probation period may be lengthened or revoked and offenders could face time in jail or imprisonment. Violation of probation is a different offense than a criminal offense, since offenders may have previously been sentenced with probation. It is imperative to understand that you do not have as much of protection than being charged with a new criminal offense. The following are examples of Violation of Probation prosecutions:
- No right to jury trial in a violation hearing;
- No statute of limitations;
- No right to a bond while awaiting a hearing;
- Hearsay is permissible against you; and
- You can be forced to testify against yourself.
Types of Probation Violations
Commonly judges are tough on probation violators if they are convicted or charged with another criminal offense while on probation. Our criminal defense attorneys have been successful at assisting clients defeat first violation of conditions ordered by a judge including:
- Alcohol Consumption;
- Drug tests failure;
- Failure to pay fines or restitution;
- Failure to attend court mandated treatment programs; and
- Failure to contact probation officer.
A probation officer can accuse you of violating your probation. Listed are the following two types of probation violations you can commit:
- Technical violation; or
- Substantive violations for a new felony or misdemeanor charge.
Technical Violations Of Probation
A technical violation is a probation violation of either general or special conditions of probation. The following are instances of technical violations:
- Failure to pay court costs or fines;
- Changing your address without permission;
- Being late to a probation meeting;
- Not completing court-ordered classes; and
- Missing a probation meeting.
Substantive Violations Of Probation
A substantive violation is a probation violation when the defendant commits a new criminal offense. The Circuit and County Courts throughout Florida have different policies and procedures for executing accusations for violation of probation. The attorneys at Allen & Abaray, P.A. are skilled at representing client for technical or substantive violation of probation.
Potential Defenses For Violations Of Probation
- Insufficient Evidence
- Actual Innocence
- Full Compliance
Potential Penalties For Violations Of Probation
- Revoke your Probation
- Reinstate your Probation
- Modify your Probation
When a judge revokes a probation term, it is permissible for the judge to impose the maximum penalty for the charge you were placed on probation for. The Florida Department of Corrections recognizes several forms of felony probation, including the following:
- Administrative Probation;
- Community Control;
- Community Control II;
- Community Control-Sex Offender;
- Drug Offender Probation;
- Regular Felony Probation; and
- Sex Offender Probation.
741.28 Domestic violence; definitions.—As used in ss. 741.28-741.31:
(1) “Department” means the Florida Department of Law Enforcement.
(2) “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
(3) “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
(4) “Law enforcement officer” means any person who is elected, appointed, or employed by any municipality or the state or any political subdivision thereof who meets the minimum qualifications established in s. 943.13 and is certified as a law enforcement officer under s. 943.1395.
For more information please contact our office now to set up an appointment with attorney Daniel Lenghea to determine the best cause of action.