HAVE YOU BEEN ARRESTED FOR A PROBATION VIOLATION?

WHAT IS A PROBATION VIOLATION?

In the State of Florida, if a defendant breaks any of the rules imposed upon him or her during the probationary period, his or her probation can be revoked and jail/prison time could be imposed.

Types of Probation Violations:

-Failure to pay a fine and/or court costs and/or court ordered restitution.
-Failure to enroll in or complete court ordered program.
-Failure to perform community service hours.
-Failure to timely report to a probation officer.
-Failure to report to probation officer contact with  police.
-Failure to truthfully report to probation officer.
-Failure to obtain or maintain employment.
-Violating a stay away orde.r   
-Failing a drug test.
-Being charged with a new criminal offense.  
-Being arrested for another criminal offense.
-Failure to remain in residence (community control violation)                    

WHAT HAPPENS WHEN PROBATION IS VIOLATED?

When there is an allegation of violation, the probation officer will issue a probation warrant stating in part that you have violated your probation.  The warrant will command law enforcement to take you into custody to face the judge regarding the filing of an affidavit of violation, which will state the specific violation(s).  Once taken into custody, in most cases, a defendant will be held in custody without bond until the case is resolved either by a plea or probation violation hearing.

WHAT CAN BE DONE?

The attorneys at Hager & Schwartz, P.A. have extensive experience in handling probation violations.  Upon learning of your probation/community control violation, we can in most cases set the case on the judges calendar for an in-court surrender with the hopes of resolving the violation.  This would allow the defendant to avoid the embarrassment of being arrested and stay out of jail.

WHAT HAPPENS IF THE VIOLATION CAN NOT BE RESOLVED?

If a probation violation is not resolved, then it is set for a hearing before the judge.  At such hearing, the prosecutor would have to prove that a probation violation occurred by a preponderance of the evidence (50.1% or more likely than not).  If they fail to prove such, the affidavit of violation would be dismissed and you would immediately be reinstated to the original terms of probation.  If the judge rules that the state satisfied their burden, the judge could sentence you up to the statutory maximum of the charge(s) you were originally placed on probation for. 

FACTORS CONSIDERED FOR A PROBATION VIOLATION

The outcome of your probation violation can vary, depending upon several factors considered by the Judge and Prosecutor. A skilled attorney, such as those at Hager & Schwartz, P.A., will negotiate a resolution with the prosecutor and/or prepare you for the probation violation hearing, which will make a significance difference in the final result.

CONSIDERATIONS:

-Seriousness and nature of probation violation.
-Number of times previously violated.
-Was the violation as a result of a new crime or a technical violation (i.e.failure    to report).
-Are there mitigating or aggravating circumstances to consider.
-Position of probation officer.
-Position of prosecutor.
-Position of victim if violation of a stay away order.

WHAT TO DO IF YOU VIOLATED YOUR PROBATION

Do not wait until you are arrested on a probation warrant.  You will be held in jail with NO BOND!  Call Hager & Schwartz, P.A. immediately so we can set up a surrender date before the judge and use our extensive experience in resolving the violation.  We may even be able to get you reinstated to probation with little to no consequences!!

CALL OUR OFFICE TODAY TO SCHEDULE A FREE CONSULTATION!