Probation is usually imposed by the court in Florida in lieu of county jail or a prison sentence in a misdemeanor or felony case. While on probation, the offender is free from incarceration but must be closely supervised by a probation officer and the state of Florida to make sure that the offender is abiding by the laws.The standard requirements of probation are: meeting with a probation officer, remaining within a certain area, remaining employed, obeying the law, making restitution for any loss the probationer caused, supporting legal dependents, and consenting to random drug and alcohol tests. Anytime these requirements are not met, an individual can face an additional offense warranting contact with a Florida probation violation attorney. An experienced defense lawyer can assist in defending you and ensuring you understand the terms and conditions of your probation.
There are two types of violations: technical and substantive violations. A technical violation of probation is a violation of one of the conditions of probation. One common probation violation is failing to attend a meeting with the probation officer. Other technical violations include failing to pay court costs and fines, failing to complete a court-ordered class, a failed drug test, or changing one’s address without permission. On the other hand, a substantive violation of probation occurs when the probationer commits a new criminal violation.
If you violate the terms of probation, a probation officer is permitted to arrest you without a warrant. Your probation may be revoked by a judge and the maximum sentence for the original offense may be imposed. If you received a withholding of adjudication (no conviction), a violation of probation could cause you to lose the withholding of adjudication and receive a conviction for the offense, making it important that a Florida probation violation lawyer is consulted.
A judge may also issue an arrest warrant for the probation violation. Once the warrant is active, the court will serve the warrant or rely on the probationer to surrender. If the arrest warrant for violation of probation is active, a Florida probation violation attorney may be able to get a court date (surrender hearing) to resolve the violation at the hearing. If the case can be resolved without incarceration, the warrant will be served in court, thus alleviating the need for any jail time.
Violating the terms of probation is a serious matter that can have severe consequences for the probationer, including imprisonment. If you are facing a violation of probation in Fort Lauderdale or Broward County, it is imperative to consult with a lawyer who is experienced in handling probation violation cases. In addition, because the procedures for probation vary greatly from county to county, it is important to find a Broward County attorney who is familiar with the court procedures in your particular county. For over 46 years, the Law Offices of Leifert & Leifert have successfully handled numerous violation of probation cases in Broward County and Fort Lauderdale. Our Florida violation of probation attorneys have defended Florida clients in a variety of criminal defense cases, and are regularly in Broward County court on behalf of clients accused of violating probation.