Skilled Probation Violation Lawyer
Probation often seems like a great way to help resolve a criminal charge, and usually, it is. You may get to avoid jail time by meeting court-mandated requirements. However, sometimes, knowingly or not, you may violate your probation and find yourself in even more trouble. You think you’re meeting the requirements of your probation, only to find out that you’ve violated one or more of the special conditions of your probation sentence. For assistance in understanding the terms of your probation as well as defense for violating probation, speak to an experienced defense attorney.
What to Do If I Violated My Probation?If this happens to you, contact probation violation attorney Matt Shafran right away. Your liberty could be at risk. An expert criminal defense lawyer can help you answer these charges. Regardless of the reason for your probation violation, you need a probation violation attorney to fight for you in court. With the right representation, your probation could be reinstated, and you may avoid jail time. Mr. Shafran and the Weinstein Legal team can develop a defense and present it at your probation hearing.
Contact Matt Shafran about Your Probation Violation in South FloridaIf you or a loved one has been accused of probation violation, call Matt Shafran at 561-931-6687 or contact Weinstein Legal for a free consultation.
Different Types of Probation in South FloridaThere are several categories of probation in South Florida based on the individual involved in the offense and the type of crime committed. Florida Statutes 948.001 provides more details on these categories. Administrative probation is defined as no contact, nonreporting supervision. This may be court-ordered, or the Department of Corrections may transfer your probation to the lighter terms once you’ve completed half of your probation. Community control is a type of intense, supervised custody, including surveillance on holidays and weekends. Your freedom is restricted within the community, noninstitutional residence, or home and specific requirements are enforced. Drug offender probation is a type of intensive supervision that emphasizes treatment with an individualized treatment plan by officers with caseloads limited to 50 cases to maintain adequate staffing. Mental health probation is a type of specialized supervision that includes mental health treatment from treatment providers who focus on underlying mental health issues. It also includes compliance with prescribed psychotropic medication as outlined by individualized treatment plans. Sex offender probation may or may not include electronic monitoring. It focuses on supervision and treatment based on an individualized treatment protocol that is administered by an officer with specialized training and a restricted caseload. The officer must meet with the offender regularly for polygraph testing and implementation of the treatment plan.
What Is a Probation Violation in South Florida?The many requirements of probation make it easy for you to violate the terms without realizing it. Your probation may even be at risk if your probation officer believes that you violated the terms, even if you haven’t. Violations of probation have serious consequences, and without aggressive representation you may be slapped with additional disciplinary action. As spelled out in Florida Statute 948.03, probation is a form of community supervision.
Common requirements of probation include:Anytime you don’t meet these requirements, you can face an additional charge that can result in your arrest.
- Attending regular meetings with a probation officer
- Adhering to a curfew
- Remaining employed
- Living within a specific area
- Obeying the law
- Restitution for loss caused by your actions
- Paying court costs and fines
- Paying child support
- Agreeing to random alcohol and drug tests
- Completing a drug or alcohol addiction program
- Community service hours
- Classes related to the why you’re on probation
Common Types of Probation ViolationsProbation violations in South Florida are classified as either technical violations or substantive violations. A technical violation means you have not committed an offense that would typically result in an arrest, such as committing a crime. You may have missed a meeting with your probation officer, not completed a required drug or alcohol addiction program, or missed a child support payment. A substantive violation means you have committed another crime that you would be arrested for, even if you weren’t on probation.
What Are the Penalties for Violating Probation?While a substantive violation is much worse than a technical violation, they both have significant consequences. Both can result in your probation being revoked, and you may end up in jail. The courts don’t take probation violations of any type lightly and may very well give you a harsher sentence. If your charge was to be dismissed upon completion of your probation, it could be entered as a conviction. Once the violation of probation has been noticed, the court will issue a warrant for your arrest. Once you are brought in, you will not be permitted to bond out. And you do not have the right to a jury trial. When you were arrested for your initial offense, the prosecution was required to prove you had committed the offense beyond a reasonable doubt. In a violation of probation case, the prosecutor only needs to prove that you more than likely violated probation and the hearing is held with a Judge, not a jury. This is a significantly lower burden of proof. If a judge finds that you did violate your probation, they have three options, per Florida Statutes 948.06.
- Reinstatement of probation
- Modification of probation sentence
- Revocation of probation and enforcement of jail or prison time