Florida Probation Violations Lawyer
The conditions and requirements placed upon individuals sentenced to probation or community control can be very complicated and difficult to understand. While a probation violation can be the result of a new criminal offense (substantive violation), oftentimes a probation violation arises due to a technical violation of the conditions of probation. Regardless of whether you have been accused of a technical or substantive violation, you need to be certain that you have an experienced Florida probation violations lawyer on your side who will work to resolve the matter as quickly and favorably as possible for you. A violation of the conditions of your release can expose you to serious consequences, including being held in prison without bond.
Technical Probation Violations
A technical probation violation arises when an individual fails to follow the conditions of his or her probation. While there are countless ways in which an individual can be accused of a technical probation violation, technical violations include:
- Moving without permission
- Failing to show up for a meeting with your probation officer
- Failing to pay fines or costs that were a condition of probation
- Failing to attend court-ordered classes
- Failing a drug test
- Failing to complete required community service hours
Substantive Probation Violations
A substantive probation violation occurs when you are on probation and you are charged or arrested with a new criminal offense. It is important to know that even the most minor criminal offense can result in a substantive probation violation. Because the penalties can be severe, including revocation of your probation, you should be represented by a qualified criminal defense attorney when you are accused of a substantive probation violation.
Standard of Proof and Penalties in Probation Violation Cases
Unlike a criminal charge, the standard of proof required to find an individual in violation of the conditions of probation is much lower. In a criminal conviction, the State must prove that an individual is guilty beyond reasonable doubt. When a person is accused of a probation violation, the State only needs to prove by a “preponderance of the evidence” that the person “willfully and substantially” committed the violation.
If you are found to have violated the conditions of your probation, a judge may revoke, modify or reinstate your probation. It is important to understand that should a judge decide to revoke your probation, the judge may impose the maximum penalty for the original offense you were placed on probation for.
Contact Attorney Mitch Polay Today
If you have been accused of violating the conditions of your probation, you need to take quick action to protect your legal rights. You should never admit anything to your probation officer until you have spoken with a skilled probation violation attorney. Remember, anything you say or reveal to your probation officer can be used against you in a court of law.
Mitchell Polay is a dedicated and highly skilled criminal defense attorney. He is committed to doing everything he can to ensure that you receive fair and just treatment. Mitch will carefully review your case and identify all defenses that may be available to contest the charges and penalties you are facing. Contact Mitch Polay today to learn how he can put his experience to work for you.