In handling criminal defense cases, we always strive to exonerate our clients – when exoneration is not possible, though, due to the certain particularities of a given case, we aim at lessening the charges and reducing the penalties. In South Florida, a very common component of the sentence given to someone convicted of a crime is a term of probation or community control. Our Palm Beach and Broward County lawyers know that these periods of probation or community control are not necessarily standardized, as evidenced by s. 948.039 of the Florida State Statutes, which is partially listed below:
The court may determine any special terms and conditions of probation or community control. The terms and conditions should be reasonably related to the circumstances of the offense committed and appropriate for the offender. The court shall impose the special terms and conditions by oral pronouncement at sentencing and include the terms and conditions in the written sentencing order.
Our criminal defense lawyers know that the Court can require the defendant, based on s. 948.039 to:
(1) Pay fines and court costs;
(2) Perform community service for non-profit organization;
(3) Complete a substance abuse evaluation and any consequently recommended treatment (See (5) below);
(4) Be subject to random drug testing;
(5) Attend any educational class (and pay the that the cost of attending the classes) that the Court feels would be a benefit, such as an HIV/AIDS awareness program, a domestic violence awareness class, an anger management program, a substance abuse class, etc. and/or ;
(6) Do anything else that the Court feels appropriate based on the nature of the charge and the facts of the particular case.
In addition to the aforementioned possible special terms and conditions of probation or community control, the court has the ability to require other conditions of probation, such as the writing of letters of apology, no contact orders, etc. These special conditions are determined on a case-by-case basis, based on the specific circumstances of the crime, the nature of the relationship between those involved, etc.
If you have been arrested for or charged with a misdemeanor or a felony in Palm Beach, Broward or Miami-Dade County, please call our experienced criminal defense lawyers for a free consultation. We have decades of training and a refined perspective, given our experience as both effective prosecutors and successful criminal defense attorneys. In order to schedule a free consultation.