What Happens If I Violate Probation in Florida?
If you are offered probation, you are often literally being offered a “get out of jail free” card. Rather than face a prison sentence, you serve your sentence outside of prison with supervision. Probation violations result in serious penalties. It’s important to work with a West Palm Beach probation violation lawyer.
If you have been accused of violating your probation, contact the Law Offices of Nellie L. King, P.A. to set up a free initial consultation and discuss what the right strategy for you is.
Our attorneys have experience in federal courts like the U.S. District Court for the Southern District of Florida, as well as local courts. Attorney King will work one-on-one with you to build a strong defense for your innocence or justified violation.
As a former public defender, she understands that behind every person’s action is a driving story, and for every story there is compassion in the truth. Attorney King treats her clients like family, and she is a firm believer in protecting her clients’ constitutional rights to equal and fair treatment, even during probation.
On probation, you will instead be closely monitored by the state as well as a probation officer. To keep probation, however, you have to follow its terms. Some things to expect when you are on probation include:
Some things to expect when you are on probation include:
In order to be placed on probation, you will also need to have a regular place of employment as well as a valid home address. Disobeying any of the terms of your probation could result in your original conviction, including jail time and much worse.
Violations of probation are either technical or substantive. Technical violations are violations of your probation terms without being criminal actions. They are generally considered less severe, although they can still result in serious penalties. Technical violations include:
A substantive violation is when you commit a new criminal offense. They can lead to much more severe consequences.
Probation is a very common option in Florida. In fact, the probation rate is much higher than the incarceration rate, with 181,200 people on probation across the state of Florida, according to the U.S. Department of Justice. As probation is a favorable penalty for conviction compared to prison time, it is very important that you serve the terms of your probation so as to avoid the harsher terms of your original sentence.
Whether you have worked with Attorney Nellie L. King before on your first arrest or are looking for an experienced West Palm Beach probation violation lawyer familiar with first-time probation violations, you’ve come to the right place. The thing about parole violations is that there are a number of defense tactics and situations where the violation could be justified.
For example, the drug testing equipment may have been faulty; the arresting officer may have used illegal search and seizure to warrant your arrest; you may have been sick in the hospital and thus unable to attend a meeting. A good criminal defense attorney like Nellie L. King can employ these defenses tailored to your specific situation to help you avoid the most severe penalty of prison time.
A: Yes, a probation violation could be dismissed in Florida depending on the evidence supporting the offense and whether you work with an attorney. Some probation violations can be justified, avoiding the consequences they carry. In other cases, a defense could prove the violation did not occur. When you hire a probation violation lawyer, they can help you determine the ideal method to dismiss the violation.
A: You could get a bond after an arrest for a probation violation in Florida, but it is entirely up to the judge on your case. The judge will assess the offense your probation is for, the alleged probation violation, your history of probation compliance, and other factors. An attorney can help you advocate for your rights and try to secure a bond by presenting mitigating factors or evidence of good-faith compliance.
A: The jail time you get for violating probation in Florida depends entirely on the facts of your case. If it is a serious violation, you may be sent to jail to serve the entire initial sentence. Other violations may only result in warnings and no jail time. When you work with an attorney, they can help you understand potential outcomes for your specific situation and help you create a defense to avoid more severe consequences.
A: If you’ve been accused of a probation violation, you need an attorney to avoid having to serve your entire sentence for the crime you are on probation for. An attorney helps you build a defense that explains why the probation violation was necessary, that the violation did not occur, or that there is insufficient evidence that you committed the offense. The state must prove the offense by a preponderance of evidence, which is much lower than in a criminal trial.
If you have been accused of violating probation in West Palm Beach, FL, whether you did so unknowingly or have been wrongfully accused of such, the consequences could be drastic. It is in your best interest to hire legal counsel immediately, as every situation is different and thus requires an individualized defense tactic.
Attorney Nellie L. King will work personally with you to frame a tenacious and compelling defense around the facts of your situation to negotiate as minimal a penalty for your alleged violation as possible. Get in contact with our firm today.
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