What You Need To Know About Probation Violations
When an individual is accused of a violation of probation he or she is not being charged with a new crime. Since the individual has already been given probation in sentencing, a proven violation of that probation may result in enforcing penalties according to the sentencing guidelines of the underlying crime which the individual was originally charged.
The courts take probation violations very seriously because by giving you probation instead of jail time for a conviction, they have shown a leap of faith that you have the ability to stay out of trouble and follow the probation guidelines. When you violate the probation, you have also violated the court’s trust, which it does not respond favorably to if the violation of probation has been proven to exist.
The Figueroa Law Firm, P.A., represents the legal rights and goals of those involved in violation of probation defense or other criminal defense issues in Orlando, Florida, and the Surrounding Central Florida area. For a confidential legal consultation, please call 407-999-8982.
An individual may be accused of violating probation as a result of a “Technical Violation” or a “Substantive Violation.”
Technical Violation of Probation : Occurs when an individual violates the special conditions of his or her imposed probation. This type of violating the terms of probation does not involve committing a new crime. Common technical violations of probation include:
Changing your address without permission
Failure to pay court costs or fines
Failure to appear for a probation meeting
Being late to a probation meeting
Failure to complete court-ordered classes
Substantive Violation of Probation : Occurs when an individual violates the conditions of probation by the act of committing a new crime. If convicted of the new crime, the individual will not only face the sentencing of the new crime, but also have the sentencing guidelines of the associated crime which led to your probation being instated as well.
One of the pitfalls of being accused of a new crime is that even if you are found “not guilty” of the new alleged crime, the court still may have the authority to revoke your probation and reinstate the original conviction and sentencing guidelines. Unlike your original trial, in a violation of probation hearing, the prosecution must only prove that a “preponderance of the evidence” existed.
When facing violation of probation accusations, hiring experienced violation of probation defense attorneys may provide you the best opportunity to achieve your desired outcome, or a fair and reasonable resolution.
If you require professional legal services regarding violation of probation defense or other criminal defense issues, be proactive in protecting your legal rights by seeking the legal advice of an experienced Orlando violation of probation attorney Contact The Figueroa Law Firm, P.A., by calling 407-999-8982 or use our online case submission form to schedule a confidential legal consultation.