Stuart Probations Violation Lawyers
Were You Accused of Violating Your Probation?
Probation is defined as a form of community supervision requiring specific contacts with probation officers and other terms and conditions. Many convicted offenders can enjoy this alternative to incarceration, however, they must adhere to strict rules and regulations. A judge will exercise discretion when determining whether or not a person will get probation and may impose different requirements depending on the facts and circumstances of their case. In some cases, a judge will impose probation instead of incarceration, while other cases may allow a defendant to serve part of their sentence behind bars before being granted probation.
It is important to remember that probation is a privilege, not a right.
Thus, if you are charged with violating your probation, you must act quickly and retain an experienced, dependable attorney to help you come out on top. We understand what’s at stake in your case, which is why our Stuart probation violation lawyers will go above and beyond to minimize the impacts of your accusations. Our goal is to successfully negotiate with a judge to maintain your probationer status while helping you avoid incarceration, steep fines, and more.
Common Terms & Conditions of Probation in Florida
As mentioned above, the terms and conditions of your probation depend on the nature of your case. After reviewing the facts and details of your charges, a judge will decide whether or not to grant you probation and, if they permit such option, require you to adhere to countless rules tailored to your unique situation.
With this in mind, the most common terms and conditions of probation in Florida include:
- Report to the probation officer as directed
- Permit the probation officer to visit the probationer at their home or elsewhere
- Work faithfully at suitable employment
- Remain within a specified place
- Live without violating any law
- Make reparation or restitution to the aggrieved party for the damage or loss caused by their offense in an amount to be determined by the court
- Support his or her legal dependents to the best of his or her ability
- Make debt payments to the state
- Pay any application fee, attorney’s fees, and costs assessed
- Not associate with persons engaged in criminal activities
- Submit to random testing as directed
- Be prohibited from possessing, carrying, or owning any firearm or weapon (unless the probation officer consents to the weapon)
- Be prohibited from using intoxicants in excess or possessing any unprescribed drugs or narcotics
Technical vs. Substantive Violations
There are two types of probation violations, both of which can significantly impact your case, freedom, and future.
Technical violation: The probation violation is not a new felony, misdemeanor, or criminal traffic offense. Essentially, it means that you violated any term of your probation except one that prohibits you from committing a new crime. Examples of technical violations include:
- Testing positive on a drug test
- Failing to pay court fees
- Violating curfew
- Failing to report a change in residence
- Traveling outside of community bounds without permission
- Failing to attend mandated meetings, programs, and treatments
- Spending time with a convicted criminal
Substantive violation: Also known as a “new law violation,” a substantive violation means you committed a new crime while on probation. However, you don’t have to be convicted of your reported crime to be penalized for violating your probation. A criminal charge alone may be enough to convince a judge that your probation should be extended, suspended, or revoked altogether.
Reach out to Our Probation Violation Lawyers Today
If you or a loved one is accused of violating probation, you must not make the mistake of waiting around. Time is of the essence, therefore you must use your time wisely, or else you may suffer the possibility of being sentenced to prison. As a former police officer, our founding attorney understands how both sides operate and can leverage his insights to formulate a strong case on your behalf.
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