Probation Violation Lawyer
If you can’t flat out beat your criminal charges in court or get them dismissed, probation and community control can be a blessing for some, as it may be the only reasonable alternative to doing a stretch of prison time. However, for others it can feel like a bad decision and the beginning of a nightmare. Some folks end up regretting not going to trial or electing straight jail or prison time over probation. Either way, successfully completing probation takes hard work and diligence. For added difficulty, there are far too many probation officers who are set on making a point out of people they supervise on probation – just waiting to find a reason to violate a defendant. Don’t get caught in their traps.
Thousands of probation violations are filed in Florida each year, but just because you have been charged does not mean you will be found in violation by a judge. violation of probation lawyer Nicholas Matassini will look at your case from every angle and will fight to have the violation dismissed. Matassini is Board Certified in Criminal Trial Law by the Florida Bar and is considered an expert in this field.
Florida Probation Conditions
Courts determine the terms and conditions of probation or community control for alleged offenders. Under Florida Statute § 948.03, some of the conditions of probation or community control may include any of the following:
- Report to the probation and parole supervisors as directed
- Permit such supervisors to visit him or her at his or her home or elsewhere
- Work faithfully at suitable employment insofar as may be possible
- Remain within a specified place
- Live without violating any law (convictions are not necessary for alleged violations of law to constitute violations of probation, community control, or any other form of court-ordered supervision)
- Make reparation or restitution to the aggrieved party for the damage or loss caused by his or her offense in an amount to be determined by the court
- Make payment of the debt due and owing to a county or municipal detention facility for medical care, treatment, hospitalization, or transportation received by the alleged offender while in that detention facility
- Support his or her legal dependents to the best of his or her ability
- Make payment of the debt due and owing to the state, subject to modification based on change of circumstances
- Pay any application fee assessed under Florida Statute § 27.52(1)(b) and attorney’s fees and costs assessed under Florida Statute § 938.29, subject to modification based on change of circumstances
- Not associate with persons engaged in criminal activities
- Submit to random testing as directed by the correctional probation officer or the professional staff of the treatment center where he or she is receiving treatment to determine the presence or use of alcohol or controlled substances
- Is There a Right to Bail in Probation and Community Control Violations?
- Unlike when a person is arrested in a new case for criminal charges, the question of whether a defendant may be granted bail while a violation proceeding is pending is at the court’s discretion. This is not an issue when the person admits to the violation. Then, the judge can immediately enter an order revoking, modifying, or continuing the probationary period. But if the person does not admit to the violation, it is generally up to the court to take the person into custody or release them with or without bail until the next hearing. But it is important to know that there are exceptions. In cases involving sexual offenders, for example, the judge must conduct a hearing and find that the defendant’s release would not pose a danger to the public before releasing them. Also, Florida law prevents a person designated a “violent felony offender of special concern” from being released while their violation is pending.
- What is the Burden of Proof in a Probation Violation Hearing?
- Another distinguishing factor of a probation violation is that the judge is the trier of fact—not a jury of one’s peers. Additionally, the prosecutor only has to prove that somebody violated by a preponderance of the evidence. The court can revoke probation or community control if it finds that the greater weight of the evidence reveals a willful and substantial violation of one or more probation requirements or conditions. This contrasts the higher standard of proof beyond a reasonable doubt used in criminal cases. Also, unlike a trial in a criminal case, hearsay evidence is admissible in a violation hearing (although it can’t provide the only basis for the revocation). To put it bluntly, if you’re charged with a violation, the cards are stacked against you. That’s why it’s so important to retain an experienced and knowledgeable Tampa probation violations lawyer.
- What is the Punishment for Violation of Probation?
- Oftentimes, a judge will place a person with little or no prior criminal record on probation or community control instead of sentencing them to jail or prison. Most of the time, this person will receive what is called a “withhold of adjudication.” What this means is that the person has not received a felony conviction. If the defendant successfully completes the probationary term, they will not become a convicted felon and usually not have to serve any time. But if the court finds that a person either failed to comply with the conditions of probation or community control or otherwise violated them, the judge can revoke the defendant’s probation, convict them, and sentence them to jail or prison.
Folks should know there are a variety of defenses that may be available in a VOP, including the State’s failure to prove the violation was substantial and willful. A probationer who puts forth reasonable effort to be in compliance cannot be found in violation under Florida law. In addition, the state may be unable to prove a violation by a preponderance of the evidence, which is the legal standard used in VOP hearings. While far lower than proof beyond a reasonable doubt, the state still must prove it was more likely than not that a violation occurred. Keep in mind that an arrest alone is never enough evidence to prove a violation of probation in Florida.
Some restrictions that are placed on alleged offenders can be quite rigid, and any violation of the terms of probation or community control can lead to a possible revocation of the probation or community control—even if the violation was unknowing or completely accidental.
It is important to understand that a person who is accused of violating the terms of his or her probation or community control may be taken to jail upon arrest and will have to appear at a probation violation hearing. The rules for these hearings are substantially different from traditional criminal cases. Hire an experienced violation of probation lawyer as soon as you find out you may have violated probation. A delay could jeopardize your freedom.
Contact An experienced Probation Lawyer Today
If you have been accused of violating your probation, our probation violation attorneys can help right away. At Matassini Law Firm, we represent individuals accused of all types of state and federal crimes.
