Fort Lauderdale Probation Violation Lawyer

Fort Lauderdale Probation Violation Attorney

When you are convicted of a crime, you can face several different kinds of penalties. You may be given jail time, a fine, house arrest, or you may receive probation. You could receive probation as a punishment of its own or in conjunction with additional punishments. Once on probation, you must abide by the terms set, or the consequences could be dire. Consult with a Fort Lauderdale probation violation lawyer if you are concerned you may have violated probation.

At Demmery Law, PLLC, we’ve successfully defended many clients facing charges of violating probation. With almost two decades years of legal experience, our skilled attorney is prepared to take on any case. We understand the difficult position you’re in, and we’re prepared to help. Regardless of the circumstances of your alleged violation, reach out to our office to discuss your case.

Standard Conditions of Florida Probation

When you are given probation in lieu of jail time or released from prison to serve additional time under probation, it is vital to your freedom that you adhere to the standard conditions of Florida probation. You must abide by these rules to remain on probation and not be imprisoned once again. Different levels of probation may require additional rules, but these are the ones that virtually everyone on probation must follow:

• Report to your probation officer that you have been assigned to by the court.
• Your probation officer is allowed to enter your home, your place of employment, and any other place you frequent.
• Maintain gainful employment.
• You must remain within the specified geographic area. This could mean that you cannot leave the state or go outside the county.
• You cannot commit any additional crimes.
• Make any required restitution to the parties you harmed in the past.
• You must be able to support your dependents financially.
• Willingly submit to random drug and alcohol tests.
• Do not associate with anybody who is engaged in criminal activity.
• You are not allowed to possess a firearm of any kind.
• You cannot use any drugs that aren’t prescribed to you by a medical professional.

If you violate any of these rules, your probation may be revoked, and you could find yourself back in jail or prison. The state of Florida takes parole violations very seriously. If you violate your parole, a parole violation lawyer may be able to help you reduce your penalties, but there are no guarantees.

Different Types of Probation

The type of probation you receive will depend on your past criminal activity, the nature of your most recent crime, and whether or not you are deemed deserving by the Florida court system. Here are some of the different types of probation you may receive:

• Administrative Probation: This form of probation is heavily a modified form of supervision that usually does not require consistent contact. It is generally reserved for offenders who do not pose a significant threat to society.
• Community Control: This form of probation is far more rigorous and controlled. If you receive community control, you will be isolated to a single community or residential area that operates under very strict guidelines. You will be monitored via surveillance and reviewed by administrative officers.
• Mental Health Probation: This form of probation combines general probation with mental health treatment. It is often tailored to the individual to provide them with an optimum health plan. You may receive very strict treatment for any mental health issues you may have.

FAQs

Q: Can a Probation Violation Be Dismissed in Florida?

A: Yes, it is possible for a probation violation to be dismissed in the state of Florida. However, it will largely depend on the strength of your defense and a number of other significant factors. If you can present evidence that directly disputes your violation and have a record of complying with your probation thus far, you may have a chance of getting your violation dismissed. You have a higher chance if you can prove your violation was unintentional.

Q: How Much Time Do You Get for Violating Probation in Florida?

A: The amount of time you can get for violating your probation in Florida depends largely on the way you violate your parole and the judge overseeing your case. A first-degree misdemeanor probation violation could land you more time in jail and a hefty fine. An intentional violation could see you serve the jail time you were supposed to get before you received probation. It depends on your case and is at a judge’s discretion.

Q: What Is the Burden of Proof for Violation of Probation in Florida?

A: The burden of proof for a violation of probation in Florida is a preponderance of evidence. That’s a lower standard of evidence than a criminal case, which requires proof beyond a reasonable doubt. The government only has to provide reasonably credible evidence to the court that your violation was on purpose and substantial enough to prove a probation violation. The penalty you may receive for violating probation will depend on the circumstances of your case.

Q: Can You Be Bailed Out of Jail on a Probation Violation in Florida?

A: Yes, you can be bailed out of jail on a probation violation in Florida, but only if the judge overseeing your case allows you to be bailed out at all. It is up to the judge to set a bond amount or decide not to. If they set one, you can be bailed out. If they don’t, you will need to remain in jail until you appear before the judge for sentencing. Largely, probation violations do not receive bonds in Florida.

Reach Out to a Probation Violation Lawyer Today

An experienced probation violation lawyer can determine the most effective method of defense for your probation violation. The legal team at Demmery Law, PLLC, knows how to provide you with quality legal assistance for your case. We can establish a strong defense, gather available evidence to further your case, and make sure you aren’t taken advantage of. Contact us to schedule a consultation as soon as you can.