Orlando Criminal Attorney

Local courts in Central Florida have taken a harsh stance on violations of probation (VOP) and violations of community control (VOCC), and the penalties for violations can be severe.  Judges have many sentencing alternatives on violations which range from simply reinstating the probationer back on their original term of probation to jail time or even a prison sentence on felony cases.

Probation is a legal condition where you are closely supervised by a probation officer and the state to ensure that you are not breaking any laws, but during this time, you will be free from prison. If you have been accused of a violation of probation, you have less protection than if you were charged with another crime. For example, arrests based on violations of probation or community control are not automatically entitled to a bail or bond amount.  In fact, if you fall under Florida’s Anti-Murder Act, which applies to sexually motivated offenses and Violent Felony Offender of Special Concern, there is no possibility of bond. This means that an arrest because of a VOP or VOCC may result in the accused remaining in jail until the date of the violation hearing.  This hearing is often scheduled several months in the future.

Additionally, there is no statue of limitations and no right to a jury trial. Hearsay is admissible, and you may be forced to testify against yourself. And guilt does not need to be proved beyond a reasonable doubt.

But that doesn’t mean you don’t have options for a defense. This situation can be addressed by a qualified Florida criminal attorney, and a request for bond can be made at a hearing.  If a bond is granted by the judge, the accused may be able to be released while the VOP or VOCC is pending.

Types of Probation Violations in Florida

When you are put on probation in Florida, you should be advised by a judge or probation officer of the conditions of your probation. It’s likely you will be required to meet regularly with a probation officer to give reports on your life and also maintain a residence and employment. You may also be required to undergo treatment or attend classes. If you fail to meet these conditions, this can be considered a violation of your probation. There are two categories for probation violations

Technical Violation – This is any violation of general or special condition of your probation, such as failure to pay court costs, missing or being tardy to a probation meeting, not attending a court-ordered class, or changing your address without permission.

Substantive Violations – This occurs when you have committed another criminal offense, even if this charge is dismissed or beaten at trial. At a violation of probation hearing, a prosecutor can still use the charge to show a violation of probation. Since the burden of proof is not “beyond a reasonable doubt” but instead is only a “preponderance of the evidence,” it is an easier case to make.

Get Help from an Experienced Orlando Criminal Attorney

Violations of probation or community control are based on an accusation by the probation officer that the terms of probation have been violated.  This accusation is a legal document, and there are specific requirements that the probation officer must follow.  Contact an experienced Orlando criminal attorney to discuss all aspects of your probation or community control violation.

Defense for Florida Violation of Probation

In the violation of probation hearing, your Orlando criminal lawyer can try to prove that you were in compliance with your probation, show innocence for any crimes you are accused of, or prove that there is insufficient evidence to prove the violation. The right defense strategy is different for each case, so it’s important to get the right Orlando criminal attorney to work with you.

If you are found guilty of a violation of probation, your probation can be reinstated or modified, or it can be revoked entirely. If that’s the case, the judge is able to impose the maximum penalty of the charge you were placed on probation for. That’s why it’s so important to ensure that you are following every condition of your probation, because the stakes are high if you don’t. Contact an Orlando criminal lawyer if you have any questions or concerns about the specifics of your probation.

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