Probation Violations Lawyer

There are two kinds of probation violations in Florida: substantive (committing a crime during probation) or technical (breaching probation rules). Probation rules may involve meeting probation officers, maintaining employment, submitting to drug testing, and paying fees. Failure of following probation terms, even on technical grounds, can result in serving the maximum sentence for the original offense.

Several strategies can be used to defend a client against these charges. Potential defenses include demonstrating compliance efforts, financial limitations, extenuating circumstances, or questioning evidence. However, demonstrating compliance efforts and circumstances beyond control is critical.

Violation of Probation (VOP) hearings have lower evidentiary standards than regular trials, allowing the state to prove a case more easily. Another disadvantage of VOP hearings is that you may be forced to testify against yourself, as probation waives any protection against self-incrimination in probation-related matters.

If proven guilty, there may be three possible outcomes: reinstatement of probation, modification with additional restrictions, or revocation with imprisonment up to the original sentence’s maximum minus any “good time” you served on probation.

Given the limited rights in VOP proceedings, getting competent legal counsel is critical to safeguarding available rights. A qualified Florida probation violation lawyer is a must for a successful outcome.