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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 parole. 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 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. Adam Chrzan is experienced in handling these hearings.
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 revocations. 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.
Contact Adam Chrzan Today
Call us as soon as you suspect you may have violated your probation. We can help, we may be able to lower your bond amount and we may be able to prevent the revocation of your probation. We are quick to respond and offer free initial consultations. Call our office at 772-410-3722 or send us an email.