Probation refers to the situation when a person gets accused of a crime and they are put in a given type of special supervision program instead of serving a jail term. When someone violates his or her probation substantially and willfully, it is considered a very serious crime in Florida. Basically, under Florida Law, there are only two types of probation violation and they include:

  • Substantive violation - This is whereby the probationer is found and charged with a new crime while still serving in a given probation term or period. However, there are chances that one might be given a bond out of jail after being charged with a new crime while in probation. In the meantime, you can stay out of jail as you wait to appear before the court to clear your VOP charges.
  • Technical violation - When the probationer fails to comply with one or some of the probation conditions specified in the probation agreement imposed or ordered by the court, then he is said to have technically violated the probation agreement, hence the term technical violation.

However, you should take note that unlike being arrested for a new charge, you are not entitled to a bond when you get arrested for violation of probation (VOP) offense. Although judges might be in the position to give you a bond regarding a VOP, it is upon their decision and once the bond is denied it gets hard to appeal or question the judge's decision.

What Happens After Being Charged With a Probation Violation?

A probation warrant will be issued to the probationer after being accused of probation violation or when a probation officer makes a mere allegation that you violated your probation. Alternatively, apart from issuing a probation warrant, the court might decide to issue a notice for the probationer to appear in court. In addition, you will be required to continue making meetings and regularly keep in contact with your probation officer, if by any chance you might be allowed to move around freely as you wait to appear in court for your probation violation charges. Even though you might be thinking that your probation officer will still report that you violated your probation, it is important that you keep on meeting with him or her and adhere to the probation agreement and conditions.

On the other hand, chances are thinner for you to successfully fight your VOP or even get a bond if you don't comply with the probation conditions or fail to keep in contact with your probation officer. You should also take note that your probation period will not cover the time from the issuance of the notice of appearance or the probation warrant. Therefore, you are not entitled to a bond when you get charged with probation violation. However, the good news is that our Kissimmee attorneys can help you clear your charges by negotiating with the court. This will mostly depend on the condition or nature of your probation and other relevant factors such as the distance you cover to your probation site and how committed you are to the probation.

Strategies for Defending Your Rights

There are numerous strategies on how you can defend your rights when you are falsely accused or charged with violation of probation. At The Umansky Law Firm in Kissimmee, FL, we have a team of highly-trained and aggressive lawyers who will guide you on the step-by-step measures you can take in order to defend your rights when it comes to violation of probation charges.

Why You Need To Hire a Probation Attorney

Hiring a probation violation lawyer is very important and comes with numerous benefits including freedom and avoiding being entered in the criminal records. In case you are found guilty of probation violation, the penalty is that your original charges will now be executed, hence you will automatically be recorded as a criminal. Therefore, that's the main reason why you should consider hiring one of our highly-experienced and intelligent Kissimmee probation violation attorneys at The Umansky Law Firm.

In order to schedule an appointment regarding your violation of probation, feel free to give us a call at 407-218-5961 or contact us online using our 24/7 chat service.

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