Violating the terms of probation can be a serious felony offense, and often comes with weighty consequences if convicted or sentenced. These consequences can include additional conditions for the rest of your probation period, an extension of your probation, or even imprisonment. Even if your violation was not purposeful, you can still find yourself penalized for your mistake. If you have been accused of probation violation, you should seek legal representation from an experienced criminal defense attorney.
Don’t risk your freedom. Contact The Law Offices of Kip Miller.
Our Daytona Beach probation violation attorney has more than 26 years of experience to call on. We are committed to providing strong legal advocacy and an aggressive defense strategy for you. When we approach your case, we offer personalized and compassionate legal services for clients.
Types Of Florida Probation
The state of Florida issues several types of probation, ranging from strict supervision to the observation of required conditions. Depending on your criminal charges, you may be sentenced to the probation terms that are appropriate for your initial crime.
The types of probation are:
- Regular Probation: You must obey certain conditions and maintain regular contact with probation officers.
- Administrative Probation: You must obey the provided conditions of probation, but you are not required to be in regular contact with a probation officer.
- Community Control: You are under supervised custody, and may have restricted travel permissions or be under police surveillance.
- Community Control II: You are under the full-time supervision of probation officers, and may be confined to your residence or subject to electronic monitoring.
- Sex Offender Probation: You are under the strict supervision of a probation officer and must undergo court mandated treatment.
Probation Restrictions & Violations
Often, probation will come with a number of restrictions or requirements that you must obey. Failure to follow the terms of probation will constitute a violation of probation and can invoke consequences. The nature of the violation, your criminal history of violations, and the circumstances of the violation will be used to determine the punishment you will face.
Common probation violations include:
- Failing to report to your probation officer as required.
- Possessing, using, or selling illegal drugs.
- Committing a crime.
- Failing to avoid certain people or locations as directed by probation terms.
- Not paying court-ordered fines or restitutions.
- Missing court appearances.
- Failing to report to mandated rehabilitation programs.
Types Of Violations Of Probation in Daytona Beach
If you are found to be guilty of violating your probation, it is possible that your probation officer may only issue a reprimand or warning. If the violation is more serious, your probation officer may determine that your violation will require a probation hearing. In these hearings, your case will be decided solely by a judge. The judge will factor in your past history of behavior while on probation and relevant circumstances of the alleged violation. At a probation violation hearing, it is critical to have a strong defense at the ready. A criminal defense lawyer with experience in probation hearings can be a valuable asset to help you defeat the accusations.
There are two common types of probation violations in Florida:
- Technical Probation Violation: Technical violations are less severe, and usually involve failure to meet a condition of your probations, such as missing a meeting with your probations officer, changing your address without permission, or failing to make mandated restitutions.
- Substantive Probation Violation: Substantive violations are serious, and typically occur when you commit a new crime while on probation. It is important to note that the statute of limitations is waived when a crime is committed while you are on probation, and you can be prosecuted for the crime at any time.
Getting The Legal Defense You Need
Probation violations can come with severe penalties, and it can be easy for the court to render a verdict based on nothing more than evidence that removes reasonable doubt. Since the odds are already against you, it becomes even more crucial that you have help to protect yourself. The Law Offices of Kip Miller is prepared to challenge the accusations against you by using our extensive experience and unmatched legal know-how.