Violation of Probation Case Dropped

A Umansky Law Firm Criminal Defense Attorney 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 attorney filed a Motion to Dismiss for Lack of Jurisdiction in the County Court for Orange County. After talking with the prosecutor for the State of Florida, the Probation Officer, and the Judge, the Judge ultimately granted our attorney’s motion. The Violation of Probation Warrant was dismissed, and the client had no further sanctions pertaining to the old case in Orange County.

Limitations of Probation

Being put on probation is seen as giving the individual an opportunity to rehabilitate without going to prison. It is a lighter sentence that allows the individual to remain a member of society but under certain restrictions. The terms of probation are strict, and one must abide by them. Failure to do so may result in a lengthy prison sentence coupled with hefty fines. The reason being is that judge sees a violation of probation to be blatantly disrespectful as he or she could have easily had you imprisoned initially.

Violating probation for the first time often results in a warning ut a second or third violation often results in firm punishments. An individual could also be adhering to all other probation requirements, but merely failing to meet one constitutes as a violation of probation. This is also true for instances when an individual regularly meets the probation requirement like checking in with their probation officer and forgets to do it once or multiple times. No matter how much an individual may have met requirements early on, one violation could ruin any and all progress.

Some of the most common 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’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