Special Terms and Conditions of Probation or Community Control Imposed by Court Order

Special terms and conditions of probation or community control imposed by court order

Our Palm Beach and Broward County criminal defense attorneys have decades of experience representing individuals in criminal cases throughout South Florida. Our legal team is composed of time-tested lawyers, all of whom are former prosecutors. Because our criminal defense lawyers all have experience at the prosecutor’s table, we know how criminal cases in Palm Beach and Broward County are handled and we know who handles them; we know which strategies work for the prosecution and, more importantly for you, we know which strategies prove most effective for the defense.

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:

948.039 Special terms and conditions of probation or community control imposed by court order.

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, please contact us by calling 1-888-5-DEFEND (1-888-533-3363). We look forward to assisting you.

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  • Brian Leifert is an excellent criminal defense attorney, well experienced in criminal court cases such as DUI and drug possession as well as traffic cases. If you have a traffic ticket in Broward or Palm Beach County you just bring it to his office and they take care of it. They maintain excellent communication to let you know what is happening with your case. I refer anyone that needs his services and they are always happy.
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