You may be on probation for a variety of reasons. Many Courts issue a term of probation as a criminal offense sentence in order to keep a person out of jail. Others transfer into a probation program after serving time in Prison. In either event, being on probation means following the general terms of that sentence as well as the specific conditions of your order.
Failing to follow these orders can come with harsh consequences. If a Court determines that a violation has occurred, a Judge may revoke the current probation order. This would require you to spend the rest of the probation time in jail. In addition, a violation may be a separate criminal offense with up to 90 days in Prison. A West Palm Beach probation violation Lawyer could help refute allegations that you have breached a term of your probation. A skilled criminal defense attorney is ready to help you gain the best result after a violation.
Examples of Behaviors that May Indicate a Probation Violation
All probation cases have some common conditions. Every person on probation must periodically report to their probation officer. This usually occurs on a weekly or monthly basis. In addition, individuals on probation must be sure not to commit any further offenses. A term of probation may carry other requirements, including:
- Attending drug or alcohol treatment sessions
- Paying restitution for property damage that results from a crime
- Obtaining mental health counseling
- Refraining from the use of any drugs or alcohol
Failure to adhere to probation requirements constitutes a technical violation and can justify a Judge issuing a warrant for a person’s arrest. A knowledgeable Attorney in West Palm Beach can provide more information about probation in general and what behaviors may be a violation of those terms.
Providing Defenses Against Alleged Probation Violations
No matter the exact nature of an alleged violation, it is essential to present an effective defense. This could include arguing that a supposed violation never occurred in the first place. It could also involve introducing evidence that a failure to meet with a probation officer or other appointment resulted from a justified absence.
In every event, the goal is to convince a court not to impose any additional penalties. Under Florida Statute § 948.06, a Court that rules against a probationer has three sentencing options:
- Continuing the probation as previously ordered
- Modifying the probation order
- Rescinding probation and ordering the party to spend the time in Jail
In addition to these three options, a Court may also impose a separate jail sentence as a condition of further probation. A seasoned West Palm Beach Lawyer could help convince a Judge to impose a minimal penalty if a probation violation has occurred.
Contact a West Palm Beach Probation Violation Attorney Today
Being on probation is often a person’s last chance to avoid long-lasting consequences after a run-in with the law. Any actions that break the terms of probation can lead to severe penalties. This can involve spending the remainder of your probation time in Jail or additional time in custody.
A West Palm Beach probation violation Lawyer can help you avoid this outcome. Leifert & Leifert Attorneys can argue that a violation did not occur. Even if this does not convince a court, our team is ready to introduce evidence that limits the impact of a probation breach on your future. Reach out to our Firm now to learn more.