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Violation of Probation

Violation of Probation

Probation is a sentencing tool that allows someone convicted of a misdemeanor or felony crime to reside in the community instead of going to jail or prison. However, when a Florida probation officer alleges that the terms and conditions of probation have been violated, the judge has the authority to revoke the probation. The judge will typically sign a warrant for the arrest of that individual. Depending on the county in Florida, a warrant may be “no bond.” It means that without an attorney to help resolve the case, the probationer could sit in jail for weeks or months until the case is resolved. The judge does not have to give a bond in a violation of probation. Depending on the severity of the offense, the court can impose numerous sanctions on an offender. For example, the judge may revoke probation and order the offender to jail for the remainder of the probation sentence. Or a judge may modify the probation terms, or the probation may be extended. In addition, the judge can order heavy fines, mandated community service, electronic monitoring, or a rehabilitation program. Alba & Straile PLLC represents clients in probation violation (VOP) for all criminal cases and criminal traffic cases. Examples of violating probation include, but are not limited to:
  • Missing curfew
  • Failing to show up for an appointment
  • Failing unannounced alcohol or drug screens
  • Failing to pay restitution to a victim
  • Committing a new substantive offense
  • Failing to maintain employment, education, or job training
  • Owning firearms
  • Failing to abide by travel restrictions
  • Non-compliance with an ignition interlock device on a vehicle

Probation Violations can be Technical or Substantive

Technical violations of probation are the least serious offenses. They are violations that occur when the probation terms and conditions are disobeyed. However, they do not involve committing a new crime. A substantive violation is the committing of a new crime and often results in revoking the probation status. In addition to completing your time in jail or prison, there is a new criminal proceeding to address the new charges that are faced. There are Many Ways we can Help in Handling a Violation of Probation Case, including but not limited to:
  • Contacting the State Attorney’s Office and the Probation Officer on behalf of the probationer to request additional time to come into compliance with the terms of probation
  • Filing a “motion to set or reduce bond” or “motion for surrender” allowing you to turn yourself in on the Florida warrant in the courtroom and asking the judge to set a reasonable bond in the case, or maybe even dismiss the allegation and release you.
  • Arranging for surrender with law enforcement on the violation of probation warrant and representation at the first appearance hearing can be within a few hours of the surrender to the jail.
A sentence for violating probation is considered resentencing. A VOP is a separate matter from the initial crime and not a criminal case. In this type of case, the standard of proof is lower, and the judge can sentence to the maximum allowed by law. Probation violation cases can be technical. Therefore, having an attorney who is comfortable in the courtroom is essential. If you have been accused of violating the terms and conditions of probation in Florida, contact an experienced probation violation attorney.

Florida Probation Violation Lawyers

When you hire Alba & Straile PLLC, you can be confident that you have a law firm that is on your side. We work diligently to obtain the best result possible results for our clients. Attorneys Christian A. Straile and Gilbert J. Alba have extensive experience in criminal and civil law. We use our knowledge and skill in negotiations and courtroom proceedings to protect our clients’ interests. At our law firm, we thoroughly examine each client’s situation to reach the most favorable outcome. We pride ourselves on providing our clients with compassion, attention to detail, and ease of attorney accessibility. We work efficiently and effectively to address all of your probation-related needs. Contact Alba & Straile at our Gainesville offices to schedule a consultation at (352) 371-9141. Our telephones are answered 24 hours every day. Let us fight for our freedom.