Orlando Probation Violation Attorney
At The Umansky Law Firm, we represent people charged with all types of probation violation offenses. Our criminal defense attorneys handle probation violation cases throughout central Florida, including Orlando, Maitland, Windermere, Altamonte Springs, Ocoee, Oviedo, Melbourne, Celebration, Longwood, Sanford, and Kissimmee. Our lawyers also defend clients in Orange, Seminole, Brevard, Osceola, Lake, Polk, Volusia, and Hillsborough counties. Contact us to schedule a consultation to discuss your arrest or charge.
What is a violation of probation? What happens when you clamped down as a fish on that hook? If a probation officer believes you violated a condition of probation they will fill out an affidavit. They will outline in that affidavit those conditions that they believe you violated. That affidavit will then go in front of the judge -either a felony judge, or a misdemeanor judge, depending upon what probation you're placed on. If you're placed on probation in Florida for felony, then typically it will go in front of the Department of Corrections felony judge.
If you're placed on a county probation, which is usually for misdemeanors, then you will go in front of a county judge. Usually, it's the judge that was assigned to your initial case, unless the judge was reassigned, or in some districts, circuits, or counties, they have a specific probation judge that will hear your violation of probation case.
Case of DUI Probation
When you are placed on probation or community control, you are advised of conditions you must complete or adhere to while you are in a position of community control. Should you violate the conditions by intentionally or materially breaking the rules, your probation or community control could be violated. A probation officer will fill out an affidavit asking the judge to sign a warrant for your arrest. As a result, you may be kept in a county jail pending the results of a Violation or Bond hearing. A judge may set a bond for your release, but does not need to set a bond.
Information on Probation:
- Consequences of Probation
- Following the Terms of Probation
- Types of Probation Violations
- How a Probation Attorney Can Help
Violation of probation proceedings are different from other criminal proceedings:
|Bond Review||No |
(You may sit in jail until your hearing)
|Right to Jury Trial||No |
(The judge will hear your case)
|Burden of Proof||Preponderance of evidence||Beyond a reasonable doubt|
|Forced to Testify||Yes||No|
Have you violated your probation? Call an Orlando Probation Lawyer today.
Day or Night.
If you are found guilty, a judge can sentence you to the maximum penalty you faced before being placed on probation, including jail or prison. It is important that you have competent legal counsel. Remember, being put on probation is a serious problem. You may face the consequences of your original charge, you could be in jail for an extended period of time without the chance for bond, and you can lose the trust of your judge and probation officer. Please contact us or call our Orlando probation attorneys at (407) 228-3838.
Best Practices for Getting Through Probation
Make sure that you keep a log of everything that you've done. Every time you've communicated to your probation officer, write it down. If you can e-mail your probation officer, make sure you do so. Make sure that you never ever miss a monthly appointment. If you can't pay a fine, don't put your head in the sand and not pay it. Show the probation officer the efforts that you made to come up with the money. If you're unemployed, show the efforts that you made to try to land a job. Most importantly, document those things. If you have a class to complete, complete it. If you got an essay to write, write it. You have counseling to do, get the counseling. Believe it or not, probation, while it sounds hard and tough to do, is a lot easier than being locked away from your family, friends, and loved ones for failing to do what you were supposed to do the first time out.