Violation of Probation Case Dismissed for Lack of Jurisdiction by the Court

The Umansky Law FIrm got a Violation of Probation case dismissed for lack of jurisdiction by the Court. The client was in federal custody in West Virginia. He was almost eligible for parole, but the outstanding Violation of Probation Warrant was causing him problems being released from Federal Custody. Our attorneys filed a Motion to Dismiss for Lack of Jurisdiction in the County Court for Orange County. The Judge ultimately granted our Motion. The Violation of Probation Warrant was dismissed and the client had no further sanctions pertaining to the old case in Orange County.

Probation changes from county to county and the jurisdiction that surrounds every county has its own rules and regulations.  These regulations are even more complicated when it includes counties between different states and the parole that comes with it.  If you have any questions about how this affects your probation conditions, especially with travel and moving, feel free to contact an attorney with these specific questions.

If you’ve been charged with a violation of probation in Orange County, Seminole County, Osceola County, or anywhere else in Florida, give the probation lawyers at The Umansky Law Firm a call today at (407) 228-3838.

State v. Carl Hicks 1984-CT-83932

Understanding Probation Violations

Probation is a set of rules or conditions that an offender must follow in lieu of incarceration for committing a crime. It may be the entire sentence an offender faces or only part of the sentence. It is often viewed as a privilege since it allows individuals accused of committing an offense the opportunity to stay out of jail or prison; however, probation is no walk in the park. There are many specific requirements that can be difficult to satisfy. Failing to meet the requirements of probation or violating the terms of probation can lead you right back to where you started.

Violating probation by failing to do what is asked of you or committing a subsequent crime can lead to serious consequences. Simply violating probation is a crime in and of itself. Augmenting that crime by committing another crime can compound the negative effects of violating probation.

Generally, probation requirements include:

  • Completing community service
  • Attending drug, alcohol, or other court-ordered counseling
  • Paying fines
  • Paying restitution to victims
  • Reporting to your probation officer
  • Obtaining and maintaining employment
  • Staying within a specific perimeter, such as your city or town
  • Abstaining from using drugs

If you violate any of the terms of your probation, your probation officer may give you a warning if it is your first violation. After that, future violations will likely lead to your probation officer ordering you to appear in court for a probation violation hearing. If the judge finds that it is more likely than not that you violated probation, the judge may take a number of actions to make your probation more difficult.

Your case does not end when you are sentenced for a crime. Speak with our experienced Orlando probation violation attorneys to learn more about probation violations and fight the charges against you.