Many prosecutors will look at your initial probation sentence as a gift that they gave you in exchange for a plea or as a sentence you received after trial. Prosecutors and judges get very upset when they see you back in “their” courtroom on an alleged violation of probation.
If you have been accused of violating any of the terms or conditions of your probationary sentence, you are once again facing the full force of penalties that were available at the beginning of your case before you were sentenced. Depending on the nature of the violation it is possible to be sentenced to jail, prison, community control or an even longer term of probation.
Two types of Probation Violations
- Technical Violations– are allegations that you did not follow a specific term of condition of the probationary sentence. Examples of Technical Violations are: Failure to submit to a drug test, missing a scheduled appointment, being late for curfew, traveling without permission.
- New Law Violations – are allegations that you committed a new crime while on probation. These are the worst types of violations because not only are you charged with a violation of probation, but you are also facing a brand new criminal charge.
It is because of the severe potential consequences of a violation of probation that it is absolutely necessary to hire an aggressive and knowledgeable attorney to fight back for you. Once you are on probation, you are at the mercy of your Probation Officer (PO). These people are some of the most unforgiving and impatient people in the entire criminal system.
They are usually supervising hundreds of probationers, are often not available on the phone or by email, and rarely respond to attempts at communication. This can be an extremely frustrating and dangerous situation for any person on probation. It is very frustrating because you are not able to ask simple questions and dangerous because if you do not know what you need to do, you will likely be violated.
A probation officer will never admit that they were not available by phone or email, so you are basically on your own. Never fight alone; hire an attorney to help you deal with your probation officer and make sure that everyone is playing by the rules, that you are protected and that a clear record is made of the mistakes the probation officer is making while you are being supervised.
Contact a Broward County, Miami, and Palm Beach Probation Violation Attorney
Violations of Probation are a totally different animal to deal with than a regular criminal charge. When you are alleged to have violated your probation, the Probation Officer will file a Violation of Probation Warrant. Most times these warrants are not eligible for bond and you must spend the entire time fighting the case while in jail.
Violations of probation cases are not eligible for jury trials, and the discovery period is very short. Courts like to move these cases very quickly, and often sentence people who are found to have willfully and substantially violated their probation very harshly.