Leifert & Leifert is a criminal defense law firm offering aggressive and skilled representation to individuals accused of violation of probation or community control in Broward County. If you were recently charged with a violation of probation or community control contact a Ft Lauderdale probation violation lawyer at Leifert & Leifert for immediate help.
Both probation and community control are supervision types of sentences which involve a significant amount oversight from a probation officer or community control officer. Probation and community control sentences are utilized by Judges in Broward and Palm Beach as substitutes for county jail or Florida prison. En Español.
Types of Violations
The two main requirements of probation and community control are to abide by the terms of the sentence and remain free of any new criminal law violations.
- Technical Violations
A technical violation of probation or community control is one involving a condition of supervision not being met. Some examples of technical violations that warrant the attention of a Ft Lauderdale probation violation lawyer are failure to report to probation or community control, failure to complete a court required program, or a positive drug test.
- Substantive Violations
A substantive violation is one involving an arrest for a new criminal violation while under the court’s supervision.
What is the Difference Between a Criminal Trial and a Violation of Probation Hearing?
The main difference between a criminal trial and a violation of probation hearing is the degree of guilt that must be proven by the prosecution. For example, in a criminal trial in Fort Lauderdale, the prosecution must prove beyond a reasonable doubt that the defendant committed a crime. This means that they must prove with absolute certainty that the defendant is guilty.
However, in a violation of probation hearing, the prosecution is only required to prove guilt based on a preponderance of evidence. Unlike a criminal trial, the prosecution in this instance will have more leeway in proving guilt. As a result, they do not have to prove that the defendant violated their probation. They could only be required to prove that they probably violated their probation. This means that the services of an experienced Ft Lauderdale probation violation lawyer is vital in overcoming these types of charges.
Severity of Violations
Judges in Broward County will usually issue an arrest warrant for an alleged violation of probation or violation of community control. Once the warrant is active, the court will seek a resolution of the matter by expecting law enforcement to serve the violation warrant or rely on the individual to surrender.
If the arrest warrant for the violation of probation or violation of community control is active, a Ft Lauderdale probation violation attorney may be able obtain a court date which would look towards a surrender on the warrant with the goal of resolving the violation at the hearing. If the case can be resolved without any incarceration, the warrant will be served in court alleviating the need for any jail time.
Contacting an Attorney in Broward County
Make sure you consult with a Ft Lauderdale probation violation lawyer who has experience in handling violations of probation and community control in Broward or Palm Beach. The procedures for probation and community control vary greatly from county to county. You want to make sure you utilize a local attorney who is familiar with courthouse procedures in both Fort Lauderdale and West Palm Beach.
The two main concerns are that violations can subject an individual to a new sentence up to maximum sentence for the offense they were on probation or community control for. Additionally, if an individual received a withholding of adjudication (no conviction), a violation of probation or community control could cause an individual to lose the withholding of adjudication and receive a permanent conviction for the offense.