If you or a loved one have been accused of violating probation you may be able to get the matter resolved quickly and with less jail time. A violation of probation occurs when a probationer willfully and substantially fails to comply with the terms and conditions of his or her probation.
Has the Coronavirus Pandemic and the Courthouse Shutdown Changed the Playing Field?
County jail populations are likely to increase because the Florida Department of Corrections has said it will temporarily stop taking inmates into the state prison system to curb the spread of the coronavirus. Florida’s county jails face potential overcrowding due to the coronavirus pandemic. There is no way to know how long the coronavirus pandemic is going to last. If you or a loved one have been accused of violating probation you could be spending several extra months in jail in a very unsafe environment.
The Florida Supreme Court has ordered that jury selection and trials be suspended due to the coronavirus pandemic and it has been recommended that all other court proceedings be conducted remotely if possible.
Yes, the coronavirus pandemic and the courthouse shutdown has changed the playing field. Due to the coronavirus pandemic and the jail crowding situation, an emergency motion may be filed requesting a violation of probation hearing within a reasonable amount of time or request a bond in non-violent cases. Also, a motion may be filed requesting release in cases where a defendant’s health issues put him at a higher risk of serious illness or death due to the coronavirus.
Why Should I Contact a Violation of Probation Lawyer?
The majority of probation violations originate from a few common factual scenarios. These violations include:
- New Criminal Offenses,
- Failed Drug Tests,
- Failure to Meet Financial Obligations,
- Failures to Complete Treatment Programs,
- Missed Appointments.
There are numerous things to be considered during a violation of probation hearing and each case is dependent upon the facts. Some of the facts to be considered are whether the violation occurred at all, and if so, the seriousness of the violation. Other facts to be considered are the potential for overcrowding due to the coronavirus, the spread of coronavirus due to overcrowding, and the possibility of serious health problems or even death due to the coronavirus. Many detainees have serious health problems such as lung and heart disease, which put them at great risk due to the coronavirus. A criminal defense attorney can request a violation of probation hearing and point the facts out to the judge. Contact an experienced criminal defense lawyer and request a timely violation of probation hearing.
Why Fernandez & Hernandez?
At Fernandez & Hernandez, the criminal defense attorneys are familiar with the laws governing violation of probation. Our attorneys are experienced, and the coronavirus, and the courthouse shutdown, has changed the playing field.
If you or a loved one have been accused of violating your probation and would like to be released from incarceration sooner rather than later the attorneys at Fernandez and Hernandez may be able to help you. Violation of probation lawyer Daniel J. Fernandez has experience with violation of probation hearings and will work vigorously to get your alleged violation resolved as quickly as possible. The coronavirus pandemic has increased the need to release inmates from the county jails. The courthouse shutdown has complicated the procedure. Criminal defense attorney Daniel J. Fernandez can help guide you through the process.
If you need legal assistance with a violation of probation hearing, call Tampa Criminal Defense Attorney Daniel J. Fernandez of Fernandez & Hernandez at 813-229-5353.