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Beating a Probation Violation Charge in Florida
Probation offers an opportunity to serve a sentence outside of jail or prison, but violating its terms can lead to serious consequences. In Florida, probation violations may result in extended probation, fines, or incarceration. If you have been charged with a probation violation, understanding the legal process and defense strategies is essential.
Probation Violations in Florida
A probation violation occurs when a person on probation fails to comply with the conditions set by the court. The court sets a variety of conditions that must be followed while on probation. A common condition is reporting to a probation officer regularly. You must also attend required programs, which might include substance treatment or therapy. When on probation, criminal activity must be avoided. You must pay any fines or restitution that are owed. If required, drug tests must be taken as determined by the court. Sometimes, the court imposes travel restrictions that must be obeyed. The court may also require that you maintain a job or pursue education. Not meeting these obligations can result in the filing of a probation violation report.
Types of Probation Violations
Probation violations in Florida fall into two main categories.
Technical Violations
This type of violation occurs when you do not follow the specific terms of your probation. Examples include missing a meeting with your probation officer, failing a drug test, or not completing court-ordered community service.
Substantive Violations
These occur when you commit a new criminal offense while on probation. This type of violation is generally more serious and carries harsher penalties.
What Happens When You Violate Probation?
Your probation officer may file an affidavit of violation with the court if they believe you have violated your probation. A judge will then issue a warrant for your arrest. Unlike a regular criminal charge, you do not have the right to bond out of jail immediately and may be held in custody until your violation hearing.
At your probation violation hearing, the prosecution must prove that you violated your probation. Unlike a standard criminal trial where the prosecution must prove guilt beyond a reasonable doubt, a probation violation only needs to be proven by a preponderance of the evidence, meaning it is more likely than not that you violated probation. This lower standard makes it easier for the prosecution to secure a conviction.
How to Defeat a Probation Violation Charge in Florida
Fighting a probation violation charge requires a strong legal defense. There are key strategies to help you beat the charge.
Challenge the Allegations
Challenging the allegations involves proving that you complied with your probation terms. You may argue that the violation was due to a misunderstanding or clerical error and present witness testimony or documentation to support your case. For example, if you were accused of missing a probation meeting but have proof that you were present, such as a sign-in sheet or witness testimony, this can help dismiss the charge.
Prove the Violation Was Unintentional
Violations may occur due to circumstances beyond your control. If you can demonstrate that your violation was not intentional, the judge may be more lenient. Examples might include missing a probation meeting due to a medical emergency or failing a drug test due to a false positive result. Providing medical records or lab reports can help support your claim.
Negotiate with the Prosecutor
In some cases, your attorney may be able to negotiate with the prosecutor to dismiss the probation violation charge. This might involve agreeing to additional probation terms, completing a rehabilitation program, or performing community service instead of facing jail time.
Present Mitigating Circumstances
Judges have the authority to rule on probation violations. Presenting mitigating circumstances can help your case. Proof of rehabilitation efforts, such as attending counseling or therapy, might be a mitigating circumstance. Evidence that you have maintained employment and are contributing positively to society may be considered when the judge makes a ruling. Personal hardships, such as illness or financial difficulties, that contributed to the violation may considered by the judge when making a decision. By showing that you are trying to comply with the terms of your probation, you may receive a more favorable outcome.
Hire an Experienced Criminal Defense Attorney
Having a skilled criminal defense attorney on your side is critical when facing a probation violation charge. An attorney will investigate the allegations against you. They will represent you in court and challenge weak or insufficient evidence. An attorney navigates the legal system to increase your chances of avoiding severe penalties.
Possible Outcomes of a Probation Violation Hearing
The judge has several options if you are found guilty of violating probation. The judge may allow you to continue probation without additional penalties. The terms of probation may be extended, or new conditions might be added, such as increased drug testing or additional community service. The judge may also revoke your probation, leading to incarceration for the remainder of your sentence.
Need Legal Help Following a Probation Violation Charge? Contact The Defense Group Today!
The legal system can be overwhelming when you’re facing a probation violation. The experienced team at The Defense Group can help you build a strong defense. Whether you missed a meeting, failed a test, or face new allegations, we fight to protect your rights and keep you out of jail. Call The Defense Group today at 407-743-8430 for a free case evaluation. Let us help you get the best possible outcome for your case!
