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Probation Violations

West Palm Beach Probation Violation Lawyer

Being charged with violating your probation (VOP) is a very serious situation in which you could face serious penalties. If your probation officer finds that you have failed to comply with one or more of conditions set forth in your probation order, he or she will submit an affidavit to the Government and Judge reflecting the same. At that point the Judge will likely issue a warrant for your arrest. Upon arrest, you will be held without bond until you are brought before the Judge that is handling your violation of probation case.

Contact the experienced and aggressive violation of probation defense lawyers from Prestia Holtz P.A. as soon as possible. The sooner we get involved in your case, the sooner we may be able to get a you or a loved one out of custody.

What are the different types of probation violations?

Technical Violation:

  • Occurs when you fail to complete one of the required conditions of your probation. For example, if community service or fines were conditions of you probation, and you fail to complete these conditions it is considered a technical violation.

Substantive Violation:

  • Occurs when you are charged with another crime while you are on probation.

It is important to note that the burden of proof that a prosecutor must satisfy to prove violation of probation charge is not beyond a reasonable doubt, which is the standard when you are charged with a crime. Instead, the standard the prosecutors must satisfy is lower, called the preponderance of evidence. Additionally, you are not entitled to a trial before a jury for these types of charges. Therefore, it is considerably easier for prosecutors to convict individuals of probation violations.

It is extremely important to have an experienced attorney who will be able to challenge the Governments accusations quickly and efficiently. If you or someone you love is facing a violation of probation charge, contact us to sit down and speak with one of our attorneys.

What are the penalties for violating probation?

If the Government is able to prove that you violated the terms of your probation, a couple of different things can happen:

  • Probation can be reinstated: This would subject you to the same terms and conditions that you were originally ordered to comply with at the time you were originally sentenced.
  • Probation can be modified: The Judge can impose additional conditions above and beyond what was originally ordered. Or
  • Probation can be revoked: If your probation is revoked, the Judge has the discretion to sentence you to the maximum penalties allowed for the underlying charges you were sentenced to.

    • For example, if you were placed on 1 year of probation for possession of a controlled substance and you violate the terms of your probation by failing to complete a drug course, the Judge could sentence you to five years in prison if your probation is revoked.
Can probation be revoked in Florida?

What happens if I violate my probation or parole in Florida?

Do I have to complete the entire probation time?

Contact us today for a free case evaluation and to speak directly to one of our aggressive probation violation defense lawyers.