Violating probation in Florida comes with a variety of possible outcomes such as a judge reinstating the original probation, modifying probation, or revoking the probation and issuing a new sentence.
If you are facing charges of violating probation in Florida, contact an experienced Plantation probation violation lawyer to review your situation. An experienced probation attorney can help you determine what legal options may be available to you so that you can make an informed decision about what is appropriate for you.
Types of Probation
There are many types of probation such as:
- Standard reporting probation
- Administrative probation
- Drug offender probation
- Community control
- Sex offender probation
Role of Someone on Probation
A Plantation probation violation lawyer knows someone must obey the terms of their probation and have regular contact with a probation officer. The person is on probation but does not have to meet regularly with a probation officer and has no travel restrictions. The person receives drug treatment, drug testing, and is under strict supervision.
If someone is under supervised custody and their freedom is extremely restricted. They must fill out a schedule every week and abide by that schedule. A failure to abide by that schedule may result in a warrant being issued. The person must follow a treatment plan and is under tight supervision.
Following a Probation Violation
Probation violations occur when someone violates the conditions of their probation, these can include technical violations and new-law violations. A technical violation essentially means violating the conditions of probation. This can occur by failing to pay court fees or fines, arriving late to a probation meeting, failing to show up for a probation meeting altogether, or failing to complete court-ordered classes or moving from a current residence without permission.
New law violations, also referred to as substantive violations, occur when someone commits a new criminal offense. Even if the new charge is dismissed, prosecutors can still try and prosecute for the probation violation. Individuals should speak with a Plantation probation violation lawyer about how to proceed with their case.
Difference to Other Criminal Charges
Probation violations are considered a new offense and differ from criminal charges in several ways, including lesser standard of proof, statute of limitations, and jury trial meaning there is no right to a jury trial. Probation violations have a lower standard of proof than in a criminal case beyond a reasonable doubt. There is no statute of limitations on violating probation. There is no right to obtain a bond while awaiting a hearing. Probation violators may be forced to testify against themselves and hearsay is generally admissible.
An experienced probation violation attorney can help someone who has violated probation understand the charges against them and how the process works. Florida probation violations should always be taken seriously as they can result in serious penalties. If you are facing charges for violating probation in Florida, contact a Plantation probation violation lawyer to examine your case.