Understanding and Defending a Violation of Probation in Tampa, Florida Article

– by Daniel Fernandez, your Tampa Criminal Defense Lawyer

If you are on probation and stand accused of violating the terms and conditions of probation you can expect the following to happen: Your probation officer will submit a violation report to the court . The violation report will include an introductory paragraph which will contain the date you pled guilty to the original charge, the nature of the charges and the amount of probation you received.

The next section of the report will include a summary of the facts supporting your probation officers belief that you violated probation.  Reasons for violating you can range from very technical violations like failing to pay fines or costs, failing to preform community service, or failure to report on time to more serious violations. These include testing positive for drugs or alcohol, absconding or picking up new charges. There will also be a section entitled Department of corrections sentencing recommendation.  In this section your probation officer will recommend a specific sentence to be imposed if you are found in violation.

Judges give great weight to these recommendations.  If the judge agrees that the facts are sufficient to support a violation a warrant will likely be issued for your arrest. Once arrested you will be held without bail .

Our law firm can usually get you into court before you are actually arrested.  By doing so we can sometimes help you avoid sitting in jail until your case is scheduled (which could be days or weeks later).  Once in Court the State must prove that the violation alleged was both willful and substantial. Your lawyer should be prepared to vigorously defend the allegations made by your probation officer. You are entitled to a full and fair hearing . You may contest the accusations made and you may call witnesses on your behalf.

At the conclusion of the hearing the court may dismiss the violation affidavit (meaning find that you are not guilty) or find you guilty of violating your probation.  If the court finds you in violation the judge may continue you on probation, modify the terms and conditions of probation, revoke your probation and send you to jail or prison or in drug related cases sentence you to a residential treatment facility. The judge could also increase the level of supervision to include house arrest.

A violation of probation could carry serious consequences.  If you are accused of violating probation we can help.  We have handled hundreds of violation cases.

Call Tampa Criminal Defense Attorney Daniel Fernandez or Martin at 813-229-5353 or read more at: CriminalDefenseLawyerTampa.com.  Be sure to check out our reviews on Avvo.com or Google or Facebook.

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