Probation is a lifeline when you’re trying to rebuild your life after a criminal conviction. However, a violation of probation (VOP) charge can turn your world upside down and carry severe penalties. If you or someone you know is facing a VOP charge in Florida, it is crucial to understand what this entails and how a skilled criminal defense law firm can help protect your rights.

What is a Violation of Probation?

Probation is an alternative to incarceration, allowing you to serve your sentence within the community under specific conditions. These conditions are set by the court and monitored by a probation officer. Common probation conditions include:

• Regularly meeting with your probation officer.
• Attending counseling or treatment programs.
• Completing community service hours.
• Refraining from illegal drug or alcohol use.
• Staying within a designated geographic area.
• Avoiding contact with certain individuals or places.
• Paying fines, court costs, or restitution.

A violation of probation occurs when you fail to meet one or more of these conditions. In Florida, violations fall into two main categories:

1. Technical Violations: These involve non-criminal breaches, such as missing a probation meeting, failing a drug test, or not completing required community service hours.
2. Substantive Violations: These occur when you commit a new crime while on probation, regardless of whether the crime is related to the original offense.

Potential Penalties for a Violation of Probation

The consequences of a VOPS depend on various factors, including the nature of the violation, the original offense, and the judge’s discretion. Here are some potential penalties:

Reinstatement of Probation: In some cases, the court may choose to reinstate probation under the same or modified terms. This is often an option for first-time or minor technical violations.

Extended Probation: The court may extend the duration of your probation, requiring you to comply with additional conditions for a longer period.

Revocation of Probation: For more serious or repeated violations, the court may revoke probation entirely. This can result in the imposition of the original sentence, which often includes jail or prison time.

Violators may face additional penalties, such as:

• Increased fines or restitution.
• Mandatory participation in rehabilitation programs.
• Electronic monitoring or house arrest.

Florida courts have broad discretion in sentencing for a violation of probation, making it essential to present a strong defense to mitigate potential penalties.

What Happens After a Violation of Probation is Filed?

When a probation officer suspects a violation, they typically file an affidavit with the court outlining the alleged breach. Based on this affidavit, the court may issue a warrant for your arrest or schedule a hearing. Key steps in the VOPS process include:

1. Arrest or Summons: You may be arrested or summoned to appear in court. Unlike other criminal charges, there is no entitlement to bond for a VOPS, though your attorney can request a bond hearing.
2. First Appearance: During your first appearance, the judge will inform you of the alleged violation and may address bond or detention pending your hearing.
3. Violation of Probation Hearing: This hearing is different from a typical trial. The prosecution must prove the violation occurred by a “preponderance of the evidence,” a lower standard than “beyond a reasonable doubt.”

 

How We Will Fight to Protect Your Rights

If you’ve been charged with a violation of probation in Florida, enlisting the help of an experienced criminal defense attorney is crucial. Here’s what The Law Office of Colleen Glenn, P.A., can do for you:

Evaluate the Allegations: Your attorney will thoroughly review the probation officer’s affidavit and any evidence against you. Inconsistencies, lack of evidence, or procedural errors can be grounds for challenging the allegations.

Advocate for Your Release: If you’ve been detained, your attorney can petition the court for bond or alternative release options while awaiting your hearing.

Build a Strong Defense: Your defense strategy will depend on the nature of the alleged violation. For technical violations, your attorney may argue that the breach was unintentional or caused by circumstances beyond your control, such as:

• Miscommunication with your probation officer.
• Financial hardship preventing payment of fines.
• Lack of access to required resources, like transportation or counseling services.

For substantive violations, your attorney can challenge the validity of the new charges or argue that they are unrelated to your probation conditions.

Negotiate with the Prosecution: In some cases, your attorney may negotiate with the prosecutor to reach a resolution that avoids revocation of probation. This might involve agreeing to modified terms or additional conditions.

Present Mitigating Circumstances

During the hearing, your attorney can present mitigating factors to the judge, such as:

• Employment status or efforts to find work.
• Family responsibilities.
• Steps you’ve taken to address underlying issues, like enrolling in treatment programs.

Advocate for Minimal Penalties: If a violation is proven, your attorney will work to minimize the penalties you face, arguing for outcomes such as reinstatement of probation or alternative sentencing options.

Choose The Law Office of Colleen Glenn, P.A.

Located in Bradenton, Florida, we specialize in criminal defense cases, including cases involving violations of probation. For decade,s we’ve fought for our clients and helped navigate the complexities of Florida’s legal system. We are dedicated to protecting your rights and achieving the best possible outcome for your case.

We understand that facing a VOPS charge can be overwhelming. We’re committed to guiding you through every step of the process, providing personalized attention and a strong defense tailored to your unique circumstances.

A violation of probation charge is a serious matter that can significantly impact your future. However, with the right legal representation, it is possible to challenge the allegations, minimize penalties, and protect your rights. If you’ve been charged with a violation of probation in Florida, don’t wait to seek legal help. Contact us today for a free consultation and to get the support you deserve.