Vero Beach Probation Violation Lawyer
A Probation Violation Can Send You Back To Jail
Probation violations are a risk to anyone on probation. There are two types of violations, and violations of either can result in the revocation of your probation. A substantive violation occurs when you are charged with violating a law unrelated to your original conviction and probation. A technical violation occurs when you violate the terms of your probation.
Probation violations are governed by Florida Statute Section 948.06, a very long and complex statute. Dealing with such a statute can be difficult and confusing. In Vero Beach, Adam Chrzan, Attorney At Law, can help you with a violation of probation hearing. Because of the complexity of probation violations, you need a lawyer who can work to help you avoid the negative consequences.
Technical Violations
Technical violations are always a risk. You may have a technical violation if you fail to appear at or are late to a probation meeting if you fail to complete the assigned number of hours of service if you fail a urinalysis, if you fail to pay fines or costs or if you violate the curfew hours.
You may have a valid reason for missing a meeting. Even if your car broke down or you became ill, a technical violation can result in revocation of your probation if you fail to raise a defense. I am experienced in handling these hearings.
Substantive Violations
A substantive violation is any new criminal charge. If you are on probation for a DUI conviction and you are stopped while driving on a suspended license, that new charge is independent of your probation and could be used to revoke it.
Different Standards Of Proof
Because probation is a privilege, different evidentiary standards apply to the revocation. This lower standard makes it more important to have an attorney who can exploit weaknesses in the prosecution’s case. For instance, the state must prove violations were willful, which is more than simply presenting a showing that you failed to appear at a probation meeting.
Frequently Asked Questions About Probation Violations
If you have been accused of a probation violation, you may have numerous questions about your rights, the next steps you should take and what to expect. Here are the answers to some of the questions I hear most often:
What should I do if I am accused of a probation violation in Florida?
One of the most important steps is to seek legal counsel from an experienced defense attorney. You should also determine whether a warrant has been issued for your arrest due to the alleged violation. If a warrant exists, it may be necessary to negotiate with the prosecutor or begin preparing your defense. Either way, having an attorney on your side can help mitigate the consequences.
Can I go to jail for violating probation in Florida?
Yes. In many cases, probation is granted in place of serving an original jail sentence. If you violate probation, the court may revoke it and enforce the original sentence. The court could also impose additional penalties such as community service, fines or an extension of your probationary term.
Can probation violations be dismissed or resolved without jail time?
Yes. This is why strong legal representation and negotiation are so important. In some situations, you may be able to demonstrate that no violation occurred and have the charges dismissed. In other cases, it may be possible to negotiate with the prosecutor for alternatives to jail time – for example, agreeing to an extended probationary period with stricter conditions.
What are the potential consequences of a probation violation?
Consequences vary depending on the severity of the violation and the original sentence. Potential outcomes can include jail time, fines, fees or additional probation requirements. Every case is unique, but I can help you evaluate the possible ramifications and explore your defense options under Florida law.
I would be happy to answer additional questions during an initial consultation. Get in touch with me to learn more after a Florida probation violation or arrest.
Contact Me Today
Call me as soon as you suspect you may have violated your probation. I can help; I may be able to lower your bond amount, and I may be able to prevent the revocation of your probation. I am quick to respond and offer free initial consultations. Call my office at 772-410-3722 or send me an email.