Defending Against Violations of Probation

Probation is an opportunity to avoid jail or prison when convicted of a misdemeanor or felony crime. A violation of probation (VOP) occurs when a defendant willfully and substantially fails to comply with the terms of their probationary sentence. In Florida, probation violations should not be taken lightly, as they carry harsh sanctions and consequences. At LAR Legal Group we can provide the legal defense you need. With extensive trial experience, our attorneys are equipped to build a winning defense. We pride ourselves on aggressive representation with an unwavering commitment to every client.

The process for a probation violation hearing differs from a criminal trial, making it easier for the prosecution to prove its case. There is no statute of limitations, no jury trial, hearsay is admissible, and a defendant has no right to a bond or release from jail while awaiting a hearing. A defendant can be forced to testify against himself or herself. In addition, the prosecution has a lower standard of proof for a violation of probation hearing than a criminal trial.

 

Every Case is Defensible

 At a VOP Hearing, a Judge has these Options:

• The first option is to reinstate the original terms of probation. This scenario is typically for minor violations and if the probationer is otherwise compliant with the terms of their probation.
• The second option is to modify the terms of the probation. It can include adding new conditions, such as drug treatment or anger management, or changing the reporting requirements.
• The third option is to revoke probation and sentence the probationer to jail or prison. The sentence for the violation cannot exceed the original offense’s maximum penalty. This option is typically used for serious violations such as committing a new crime.

 

Common Types of Probation Violations are:

• Relocation without notifying the parole officer
• Failing a drug or alcohol test
• Non-compliance with attending drug or alcohol treatment programs, anger management, or other court-ordered therapies
• Failure to complete community service
• Committing a new crime
• Failure to pay court-ordered restitution
• Violating an order of protection
• Associating with felons
• Possession of firearms
• Missing court or probation meetings

 

Technical and Substantive Violations

Technical violations are usually minor offenses, such as missing a meeting with your probation officer, not abiding by a curfew, or failing to complete community service hours. These types of violations are often unintentional and can be easily corrected.

Substantive violations are more serious offenses, such as committing another misdemeanor or felony crime. These violations show that you are not following the rules of probation and are not taking the terms and conditions ordered by the court seriously.

 

Justifiable Defenses for Violating Probation

• The defendant did not breach the terms and conditions of probation. There may be an unfounded allegation, mistake of fact, or mistaken identity.
• The defendant was unable to meet their obligations of fines or restitution due to the inability to pay.
• The defendant missed court-ordered meetings because of a medical emergency.
• The defendant did not understand their obligations due to ambiguities in the terms and conditions of their probation.

 

Fight Charges with a Skilled Defense Team

If you are accused of violating your probation, you should immediately contact an experienced criminal defense attorney. The attorneys at LAR Legal Group can help you understand the charges against you and defend your rights. We work diligently to provide a solid defense, often leading to a judge reinstating probation with no jail time, no additional sanctions, or only minimal modifications.

Contact LAR Legal Group, at (877) 466-2133 or complete our inquiry form to schedule a Free Consultation with a criminal defense attorney with proven results. Let us advise you on the proper course of action in your case.