Orlando Probation Violation Lawyers

Why You Need an Experienced Probation Violations Attorney

If you have found yourself with a violation while you were still under probation, and now you are wondering if it is worth hiring an attorney to represent you, the answer is YES. Having legal representation on your side during the probation violation hearing is often a necessity when it comes to properly presenting your case. It can also help to keep your probation active instead of withdrawing the agreement and to help issue evidence and explanations before any admittance, to said violation, takes place. 

Your future is on the line, and you need an experienced attorney fighting on your behalf. Together, our Orlando probation violation attorneys have more than 85 years of combined experience and have handled well over 100,000 cases. We understand what is at stake, and we know how to help you navigate the legal system. Our firm offers free initial consultations and payment plans; get in touch with us now to discuss your legal rights and options with a member of our team.

Hiring a professional legal team is the absolute best thing that you can do when preparing for any type of court case. Legal jargon aside, the law is very confusing, intricate, and often extremely complex; anyone who does not have a law degree may have a hard time navigating the court systems. The attorney you hire should be able to prepare you for court, with a clearer understanding of what is to take place and the best strategies for disproving or admitting to the claim during the trial process. They can also work to lower the sentencing caused by the violation if you are found guilty. A probation violation could result in jail time, community service, or a warning—but either way, having a legal team present can significantly increase the likelihood of getting these charges at least lowered. 

What Happens If You Violate Probation? 

The state of Florida takes probation violations very seriously. If your probation officer or law enforcement even suspects that you have committed a probation violation, you may have a warrant issued for your arrest, or you may be arrested immediately. Often, people who are arrested for probation violations are not eligible to bond out of jail, meaning they will remain imprisoned until their probation violation hearing. 

Unfortunately, being accused of violating probation puts you at a distinct disadvantage, as you will almost certainly have fewer protections under the law than you would if you were being charged with a new crime. In Florida, you do not have the right to a trial by jury when you violate probation. Instead, you must attend a probation violation hearing before a judge. That judge will decide on our case and sentence you accordingly.

Depending on the specific details of your situation, the judge may: 

• Revoke your probation, meaning you must go back to jail or prison
• Modify your probation 
• Reinstate your probation 

Additionally, unlike in other criminal proceedings, hearsay is admissible as evidence against you at the probation violation hearing. This means that your probation officer or a police officer can say that you did something in violation of your probation without having to provide further proof. They do not need to prove that you violated your probation beyond a reasonable doubt. 

There is also no statute of limitations for probation violations in Florida. In other words, there is no deadline by which a police officer or probation officer must bring legal action against you; they can request a probation violation hearing at any time, even if the alleged violation happened a long time ago. 

What Are the General Conditions of Probation? 

There are general conditions for probation that must be followed:

• Report to a probation officer
• Maintain employment or enrollment in school
• Do not commit any crime during the probation period
• Pay the requisite fees, fines, and/or costs

When probation is violated in these or other specific conditions, the probation officer in charge of handling the case can file for violation notice with the court. The court may then go on to issue a warrant for your arrest. While there are many protections and rules that can still apply, you will have an opportunity to hire an attorney, and it is strongly suggested that you do, as the judge may still find you in the wrong and convict you. 

Some possible outcomes could include: 

• The probation remains unchanged. Especially if the offense is minor, the court may leave you with a warning and a slap on the wrist.
• If a serious crime has been committed from the violation and may not be the first time you have violated the probation agreements, the judge can reverse the probation altogether, in which case, you most likely will end up serving some or all of the entire jail sentence. 

Admitting you were in the wrong is one thing, but being able to explain why you did these things could help your case. Having your explanation be presented by your lawyer to the judge can allow more matter-of-fact evidence to come to light.

Call (407) 753-1312 or contact us online for a free and confidential consultation. Hablamos español.