Probation Violation Lawyer in Fort Lauderdale Defending Your Rights from Start to Finish
As a result of a plea bargain or simply the terms of a criminal conviction, you may have been placed on probation. Probation is a form of supervised release that allows you to remain in the community instead of going to jail or prison. It comes with conditions that you must follow, and if you violate those conditions, you could face serious penalties.
At George Reres Law, P.A., we understand how frightening it can be to face probation violation charges. We know what is at stake, and we will do everything in our power to protect your rights and defend your freedom.
When you work with our team, we will thoroughly investigate the circumstances leading up to the alleged violation and build a strong defense on your behalf. Our ultimate goal is to help you avoid being sent back to jail or prison and continue on with your life. Get in touch with our probation violation lawyer today to get started on your case. Call 954-523-3811 for guidance through the criminal justice system.
What is Probation?
Probation, or community control, is a form of supervised release from prison that allows offenders to serve their sentences in the community. While on probation, offenders are required to comply with certain conditions set by the court, which may include meeting with a probation officer, attending counseling or treatment, paying restitution, and refraining from criminal activity.
Probation violations can be broadly classified into two categories: technical violation and substantive violation. Technical violations are usually related to the conditions of probation, such as failing to report to your probation officer, leaving the state without permission, or failing a drug test. Substantive violations, on the other hand, involve being arrested for a new crime while on probation.
It is important to note that even a technical violation can result in you being taken into custody and facing severe penalties. Substantive violations, however, are typically more serious and can often result in a prison sentence.
This is why it is crucial that you have an experienced attorney by your side who can help you navigate the criminal justice system and protect your rights.
What are the Common Reasons Probation is Violated?
Probation violations are not uncommon. In some cases, they are simply mistakes. In other cases, they are a big misunderstanding. Still, in some cases, violations stem from substantive actions that can lead to serious trouble. There are a number of reasons why someone might violate their probation. Some common reasons include:
- Failing to report to their probation officer: One of the major caveats of probation is that the offender must check in regularly with their probation officer. This is typically done on a monthly basis. If the offender fails to show up or provide proper notice, it is considered a violation.
- Failing to complete court-ordered classes or treatment: Another common requirement of probation is that the offender completes any necessary classes or treatment. These might include drug rehabilitation, anger management, or sex offender counseling. If the offender does not complete these programs, it is considered a violation.
- Failing to maintain employment: In some cases, offenders are required to maintain steady employment as part of their probation. This is typically done in an effort to help the offender reform and become a productive member of society. If the offender cannot find or maintain employment, it can violate the probation agreement.
- Possessing drugs or alcohol: One of the most common conditions of probation is that the offender does not use drugs or alcohol. If the offender is caught using these substances, it is considered a violation.
- Committing another crime: Perhaps the most serious type of probation violation is if the offender commits another crime while on probation. This can result in additional charges and even more time behind bars.
- Failing to complete court-ordered community service: Like other court-ordered programs, community service is often required as part of probation. If the offender does not complete the required hours, it is deemed a violation.
- Associating with known criminals: In some cases, offenders are not allowed to associate with known criminals while on probation. If the offender is caught socializing with these individuals, it is regarded as a violation.
- Leaving the state without permission: Another common condition of probation is that the offender must stay within the state limits. If they leave without permission, it is deemed a violation.
These are just some of the most common reasons why someone might violate their probation. It’s important to remember that even a small mistake can result in a probation violation. If you are facing potential jail time, fines, or other consequences, please reach out to our law firm. Attorney George Reres can represent you during your probation violation hearing and help you get the best possible outcome.
What are the Common Penalties for a Probation Violation Conviction?
In Florida, a probation violation is a criminal offense. The penalties for a probation violation conviction vary depending on the severity of the offense but can range from an extension of community service time to jail time.
The most common penalties for a probation violation in Florida are:
- A fine: The court can order the probationer to pay a fine as part of his or her sentence. The amount of the fine will be decided by the judge and will take into account the severity of the offense and the probationer’s ability to pay.
- An extension of community service: The court may order the probationer to complete additional hours of community service as part of his or her sentence.
- House arrest: House arrest can be detrimental to the probationer’s job and family life. The court may order the probationer to remain in his or her home for a set period of time as part of the sentence.
- Jail time: In some cases, the court may order the probationer to serve a jail sentence as part of his or her sentence. This is usually reserved for more serious offenses.
If you have been accused of violating your probation, it is important to contact an experienced criminal defense attorney immediately. A probation violation attorney in Fort Lauderdale can help you understand the charges against you and defend you during your probation violation hearing.
How Can a Probation Violation Lawyer Defend Me?
When a person is on probation, they are typically subject to a number of conditions that they must obey. If they violate any of these conditions, they may be subject to penalties, including being sent back to jail or prison. However, there are often defenses available to those who have violated their probation.
One common defense is that the defendant did not know about the condition they violated. For example, if the defendant was unaware that they were not supposed to leave the state, they may be able to use this defense. Another common defense is that the defendant did not have the intent to violate the condition. For example, if the defendant accidentally drank alcohol while on probation, they may be able to use this defense.
Finally, the defendant may be able to argue that the condition they violated was not reasonable. For example, if the condition requires the defendant to attend Alcoholics Anonymous meetings but they do not have a drinking problem, this could be considered unreasonable. If you have violated your probation, it is important to speak with a criminal defense lawyer who can help you determine which defense is best for your case.
Contact George Reres Law, P.A. Today For Strong and Compassionate Service
Violating probation should not be taken lightly, even if it is your first offense. The consequences of a probation violation can be significant, including jail time and an extension of your probationary sentence. If you are facing allegations of a probation violation, it is important to contact an experienced criminal defense attorney immediately.
At George Reres Law, P.A., we have years of experience defending clients against all types of criminal charges, including probation violations. We understand the stakes involved in these cases and will do everything in our power to help you avoid a conviction and the harsh penalties that come with it. Contact George Reres Law, P.A. today at 954-543-1186 to get the criminal defense attorney you need for your case.