Orlando Probation Violation Lawyers
Developing Strong Defenses for Clients throughout Orange County
Unlike a charge for a completely new crime, a proceeding charge due to violating your probation has a different set of court rules and subsequent consequences. You are not in a good place if you have been accused of violating probation, since the courts tend to view this as rebellious behavior stacked on top of previous crimes. As a result, you may face circumstances that rarely work in your favor, including the inability to request or receive bonds and the inability to get a jury to hear your case. You may even be forced to self-testify against yourself. Under a Violence of Probation court, guilt proven beyond a reasonable doubt isn’t required, which means that the Florida can easily convict you of a probation violation even if your accusation is completely false.
This is why it is so crucial to contact Alers Law Firm if you are wrongfully facing charges of probation violations. Our Orlando probation violation lawyers are highly skilled at finding the right defense for our clients who have been unjustly accused or penalized.
Call us today at (407) 988-0992 to get the honest support of our defense attorneys in proving the court’s injustice against you.
What Are the Types of Probation Violations In Florida?
The two primary types of violations are technical and substantive. Technical violations involve breaking any specific conditions of your probation requirements. If you have failed to report to your probation officer at a certain date or particular time, forgotten to alert them of an address change, been unable to completely make restitution or a court payment, or even missed one required counseling session, treatment, or class, you may be charged for a technical violation. Substantive violations involve new criminal offenses committed during your violation.
In either case, you will not receive the right to a jury, since the burden of proof is based merely upon "preponderance of the evidence." This means that if you are unjustly accused, a judge would still likely charge you as guilty. Our dedicated probation violation defense attorneys can evaluate your situation and give you honest counsel regarding your options and best steps forward. From there, we can work together to defend against your allegations.
Violation of Probation Defenses
First and foremost, a prosecutor must first prove that any probation violation was not only substantial, but intentional. In addition, there are several other methods of defending you from being unfairly accused of violating probation.
Some of these key defenses to probation violation claims include:
- Medical emergency – When factors are beyond the defendant’s control, including medical emergencies, it is unlawful to count accidental probation violations as deliberate acts of misconduct.
- Curfew compliance – The absence of a knock is not legally sufficient to prove a violation of probation, since officers often show up late at night for curfew checks, when the probationer could well be sleeping and unaware of any knocking sounds.
- Civil traffic infraction – Having an unexpected event or condition that resulted in a non-criminal violation, thus preventing one’s ability to drive to a required meeting.
- Constructive possession – The claim that the defendant possessed contraband drugs or weapons; in this case, the probationer must not only prove that the defendant actually possessed these items, but demonstrate that they discovered this presence through legal means.
What Happens When You Violate Probation in Florida for the First Time?
If you violate probation for the first time in Florida the punishments can range from warnings, community service time, having your probation revoked arrested, and force you to serve the full sentence.
Can You Get a Bond for Probation Violation in Florida?
You can get a bond for a probation violation in Florida. There is a statutory provision that allows judges to determine whether or not a person should be given a bond accused of violating their probation. Some of the factor that a judge considers when determining to allow a bond are:
What’s the accused on probation for?
What’s the nature of the probation violation?
Is there a valid enough reason to issue a bond?
Have they violated probation before?
Individualized, Aggressive Defense in Your Corner
The consequences of probation violations are often extremely harsh. It is likely that you could unfortunately be sent back to prison for several years, or at best face much more time on probation. You need the determined support of one of our Alers Law Firm team members, who can carefully note your personal needs and individual backgrounds to demonstrate how your particular background or set of circumstances proves you are innocent. We listen empathetically to every detail, and then we turn that information around to aggressively fight back against your accusers.
Contact us now at (407) 988-0992 to retain Orlando probation violation attorneys you can trust to defend your case.