Have you violated probation? Are you wondering what your rights are? If found guilty of violating probation, a judge can sentence you to the maximum penalty you faced before being placed on probation, including jail or prison. To avoid this from happening, it is important that you have competent legal counsel. At The Umansky Law Firm in Orlando, Florida, our violation of probation lawyers represent people charged with all types of probation violation offenses and can help you with all related inquiries, such as:
What Is Considered A Violation?
When you are placed on probation, there are strict guidelines that you must follow. In a situation where one of the guidelines is not being followed or a rule is broken, it is considered a violation of probation. It is up to your probation officer to determine whether or not to "violate" you.
- If your probation officer suspects that a condition of your probation has been violated he or she will file an affidavit which will need to be signed by a judge.
- If you are on probation for a misdemeanor offense you will go in front of the county judge which will likely be the same judge who handled your original case.
Penalty For Violation Of Probation In Florida
Think about the lure or the bait that's placed on the hook as temptation. It could be that you were ordered to pay a fine or court cost, but you'd rather spend that money buying a gift for a friend, or new girlfriend. You may have been ordered to complete a class, but you would rather go gamble at Hard Rock Casino. Think about that temptation as fishermen's bait; getting hooked can be a painful thing. If you violate probation, you're the fish clamping down on the hook after taking the bait. And once you clamp down on that hook and violate your probation, the judge or the prosecutor begins to reel you in. Penalties for violating probation can vary, but often include the following:
- Loss of driver's license
- Community service
- Payment of court cost and fines
- Jail or prison time
What Happens After You Are Arrested For A Probation Violation?
In most cases, the judge is not happy that you didn't follow the terms of probation that they personally placed. Initially, they usually won't give you a bond. When you get picked up on the violation of probation, you'll be sitting in jail until either you resolve your case, or a lawyer is hired to do a bond motion.
Violation of probation proceedings are different from other criminal proceedings.
You might not know this, but when a judge violates your probation, usually there is no bond. If you hire a probation lawyer in advance, that lawyer can prepare and then file, almost simultaneously, a bond motion to get you in front of the court, because in many cases if it's a minor violation, the judge will then set a bond. You could potentially be held in jail until your hearing. You will not have the right to a jury trial, and you will be forced to testify. You may have heard the phrase "beyond a reasonable doubt," which permeates criminal proceedings. In a probation violation proceeding, the burden of proof lies in a "preponderance of evidence."
Getting Through Probation
Always keep track of everything you do during probation. Each time you speak with your probation officer make note of it in a log book. Here are a few more tips to help you get through your probation:
- Never miss an appointment.
- Communicate regularly with your probation officer. Email is a great way to do this.
- If you are short on funds to pay a fine, speak with your probation officer and show him what you did to try to make a payment.
- If you are without a job, show proof of your job search. Document emails and communication with prospective employers.
- If you are in school, make sure to keep your grades up. This looks very good in front of a judge.
- Attend any court ordered or recommended counseling sessions.
While these things may sound like a hassle to do, just remember how much better life is outside of jail. Putting some effort into your probation will help you successfully finish it so you move on with your life.
Contact An Orlando Probation Violation Arrest Attorney
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 a bond, and you can lose the trust of your judge and probation officer. At The Umansky Law Firm, our experienced criminal defense lawyers can help you fight your probation violation. Please contact us online or call one of our probation attorneys at 407-228-3838.
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