Violation of Probation in Florida
If you are on probation in Florida, there are many conditions that you have to follow. If you violate these conditions or commit a new crime, your probation can be revoked and you can be penalized for violation of probation. This post looks at violation of probation in Florida and some of the common defenses to a charge of violation of probation.
Probation is a form of community supervision that lets a criminal defendant be monitored in the community if they abide by certain rules in lieu of a jail sentence. It can be revoked at any time due to violation of the conditions of probation or by committing a new crime. Probation is a privilege granted by the court instead of a harsher sentence that could be imposed. Therefore, it is not a right and can easily be taken away even if a probationer engages in activities that would be legal for someone not on probation. For example, sometimes the terms of probation mandate that the probationer not drink alcohol even when it would otherwise be legal. Therefore, if the probationer is caught drinking alcohol, he or she can be sent to jail.
However, just because someone is charged with violation of probation does not necessarily mean that he or she will be convicted of violation of probation. You have an opportunity to defend yourself against violation of probation just as you do any other charges. Skilled attorneys can help you defend these charges. Some of the most common defenses against violation of probation are:
- Innocent Technical Violations – Technical violations are violations of some of the specific conditions of the probation such as failing to report a change of address or failure to pay a fine. Technical violations are some of the easiest violations to defend against because Florida law requires that the violations be substantial and willful. Therefore, a qualified probation violation attorney can argue that the violation was so small as to not be substantial. Further, since the violation needs to be willful, an accidental violation such as not having the money to pay the fine or not being aware of a provision may be a successful defense.
- New Law Violations – New law violations are when someone on probation gets charged with a new crime. It is important that people who are on probation do not automatically plead guilty to a crime because there may be unintended consequences with regard to their probationary status.
- Proof – Finally, the state needs to prove that you willfully violated your probation by the greater weight of the evidence.
Clearwater Violation of Probation Attorneys
If you have been charged with violation of probation in Florida, or if you are on probation and have been charged with a new crime, you need to have knowledgeable violation of probation attorneys on your side so you have the best chance of beating the charge. Our experienced violation of probation attorneys at Roman and Roman, P.A. in Clearwater, Florida can help you defend against the charges.