Violation of Probation Offenses
A violation of probation offense can be extremely complex and consist of two types of violations. 1) Technical violation; 2) Substantive new law violation. In the case of a technical violation your defenses are extremely limited since the judge and State hold all the cards and have complete sentencing authority. In many cases the outcome of your violation of probation is largely dependent on your judge and the county where the charge originated. Therefore, it is important you hire an experienced Tampa Violation of Probation Attorney who understands the decorum of each courtroom and the requirements of each judge.
It is also important to understand the conditions of probation and any possible defenses you may have if you violate your probation. If you have been charged with a violation of probation, contact an experienced Tampa Violation of Probation lawyer at Pallegar Law, P.A.
Probation is defined as a form of community supervision, in which the offender must adhere to certain terms and conditions, while staying in contact with his or her probation officer. In other words it is like a babysitter making sure you complete the requirements ordered by the judge and do not pick up any new criminal charges. A violation of probation must be proven to be substantial and willful. If you make a reasonable attempt to follow the terms and conditions of their probation, the willfully prong of the requirement to prove a violation of probation may not be met.
If you are on probation and there is evidence that probation has been violated your probation officer may request your arrest by filing an affidavit with the court and requesting the judge issue a bench warrant for your arrest.
A judge can also issue a warrant for the arrest of the offender on the grounds that they committed a new violation of the law while on probation for an unrelated charge therefore violating probation.
There are multiple kinds of violations that an offender can be charged with. If you have been charged with any of the following, seek out an aggressive Tampa probation attorney to help you explore your options. Violations typically fall into one of two categories: technical violations, or new law substantive violations.
Technical violations include missed or late probation appointments; although one missed appointment is not necessarily enough to constitute a willful violation, positive drug tests, unauthorized changes of address, nonpayment of costs or fines, and failure to complete court ordered programs or classes are all examples of technical violations.
The second kind of violation is for new law violations that the offender has committed during the period he or she was on probation. A new criminal offense is seen as a willful and substantial violation of probation.
The offender is not entitled to a jury trial for violation of probation; instead, the judge makes the decision on the case. If the judge decides to revoke the probation for any kind of violation, the court can impose a sentence ranging from reinstating probation, terminating probation, or jail/prison time. The judge can even sentence you to the maximum penalty permitted by law. If you or someone you know has been charged with violation of probation in Tampa or Sarasota, contact us at Pallegar Law, P.A. to be connected with an aggressive probation lawyer who can help you resolve your case. Call 813-444-3912 in Tampa Bay or in Sarasota and Bradenton 941-893-5816.