My First Probation Violation—What Am I Facing?
Every year, hundreds of thousands of people in the United States receive probation sentences. A failure to comply with the conditions of your probation will result in a probation violation.
The consequences of violating probation depends on several factors.
If you have been charged with a probation violation, you may be wondering what to do from here. Speak with an experienced criminal defense attorney at Moses & Rooth to challenge your probation violation today.
What Is Probation?
Florida law defines probation as a form of community supervision requiring specified meetings or contacts with probation officers and other terms and conditions. In Florida, there are five types of probation.
Straight Supervised Probation
Straight supervised probation is traditional probation. Under this type of probation, a defendant must obey the terms and conditions of their probation and meet with their probation officer on a regular basis.
As with traditional probation, a defendant under administrative probation must obey the terms and conditions of their probation. However, the defendant need not meet with a probation officer regularly.
Community control refers to supervised custody. This often includes wearing an ankle monitor and being subject to a curfew.
Community control probation severely restricts a defendant’s movement. Thus, the defendant must follow a strict schedule and can have his or her probation revoked for a failure to do so.
Drug Offender Probation
Drug offender probation requires the defendant to follow a drug treatment plan with strict supervision. While on drug offender probation, the defendant must also submit to random drug tests.
Common Probation Violations
Many are familiar with the concept of probation. However, many people are unaware of the consequences if you violate probation.
Probationary sentences include numerous rules and regulations, all of which the defendant must follow to comply with the court’s order. What constitutes a violation varies among each individual sentence.
Generally, a failure to comply with probation guidelines in any way amounts to a violation. Some of the most common probation violations include:
- Failure to pay probations fines;
- Failure to appear for court dates;
- Committing additional crimes;
- Possession of illegal drugs;
- Leaving the state without authorization;
- Failure to meet with your probation officer as required;
- Failure to complete required community services; and
- Violation of curfew.
Failure to comply with your probation requirements can result in severe repercussions. If you are in violation of your probation, contact Moses & Rooth today to discuss your options.
First Violation of Probation: Penalty Overview
A probation violation is a serious matter. The violation can result in prison time, additional charges, or even an extended probationary sentence.
A probation officer that suspects a violation of probation has occurred will file a Violation of Probation Affidavit with the court. This document explains to the judge what information the probation officer has that made him or her believe the probation conditions were violated. The probation officer will also provide the judge with a recommendation for a sentence.
If the judge finds reasonable grounds to believe the probation sentence has been violated, he or she can issue a warrant for the probationer’s arrest. Unlike in a normal arrest, a person accused of violating probation is not entitled to a bond. This means you will be held in custody until you can appear in front of the judge.
Being Held Without Bond
Even if the judge does not set a bond, an attorney can file a motion to request a bond hearing and argue that in your situation, a bond should be set.
We can provide the court with any required documentation to illustrate why you should be released. This may include proof of completed community service hours, letters of recommendation, or in-person testimony from your community members.
Sentencing for Your Probation Violation
Eventually you will have to go in front of the judge for sentencing on your probation violation. the judge will typically consider the reason for the alleged probation violation, the recommendation of the probation officer, the original charges, and the criminal history of the defendant.
This is your opportunity to explain the reason for your probation violation. A criminal defense attorney can assist in preparing and presenting this testimony in the manner most helpful to your case.
How Will I Be Sentenced After My Probation Violation?
Judges have very wide discretion in sentencing defendants who violate probation. After you give your side of the story to the court, the judge will make a determination as to the consequences, if any, you will face.
For minor violations, the court may determine that your probationary sentence will proceed as initially planned. This is especially likely if it is your first probation violation. However, the judge has the power to enhance your sentence.
The judge may also modify the terms of your probation or even revoke your probation entirely. This could mean prison time.
Remember, the judge has full authority for this decision. Decisions on probation violations can range widely due to the discretionary nature of the sentencing.
Talk to An Orlando Probation Violation Attorney Today
If you were arrested for a probation violation, do not hesitate to reach out to Moses & Rooth. Whether or not it’s your first probation violation, we understand how devastating this can be.
Our team of attorneys has over 20 years of combined experience in criminal defense law. Thus, we have handled almost every situation you can imagine. We will defend your rights every step of the way.
As former prosecutors, we know how the other side handles probation violations. This expertise will be invaluable in defending your probation violation. Having an attorney in your corner to challenge your probation violation and prepare evidence in your defense is critical to a favorable resolution in your case. Contact us today for a free case evaluation, and see how we can help.