Probation Officer discusses probation violation

Talk to Us About Your Ocala Probation Violation

Probation Violations

Most judges take the attitude that a violation of probation is a direct violation of a court order and few give second chances. It is even worse if there are allegations of a new law violation. However, the state must first prove that the violation was willful. If you believe that your probation officer is going to violate your felony or misdemeanor probation, then contact attorneys Alavi & Pozzuto to discuss your case today. With over 55 years of combined legal experience in Florida, our criminal defense attorneys understand that the stakes are high and your freedom is on the line. We will investigate the allegations and aggressively fight to get you the best possible outcome.

Judges Typically Issue Arrest Warrants in Violation of Probation Cases

Once the Florida probation officer files an allegation of violation of probation, the judge usually signs a warrant for your arrest. The arrest warrant for a violation of probation usually has a “no bond” provision, meaning that unless you retain an attorney to resolve your case quickly or obtain a bond, you may be put in jail for weeks or months until your Florida probation violation is resolved.

Do Not Fail to Report

People on probation who believe they will be arrested for violation of probation often stop reporting to their probation officer. Failing to report to your probation officer will cause additional grounds for the violation. The judge will likely be less inclined to give you another chance at completing your probation when you are arrested for violation of probation.

Technical Violations and Substantive Probation Violations

Technical Violation:

The term technical violation is defined as a violation of a term or condition of the probation that does not involve an allegation that you were arrested or committed a new law violation. Technical violations of probation can include failing to pay restitution, fines or court costs, failing to complete community service, failing a urine test, or failing to meet your probation officer.

Substantive Violation:

This type of violation includes any new arrest on a law violation that occurred after you were put on probation including any felony or misdemeanor criminal offenses. In some cases, the probationer will be arrested on a warrant for a crime that allegedly occurred before the person was put on probation.

Violations of Probation Hearings

In a violation of probation case, there is no jury and the burden of proof is a preponderance of the evidence, and prosecutors may have an easier time winning a case during a jury trial. If you are found to violate probation either after a hearing or after entering an admission, the court can sentence you to any sentence that could have originally been imposed, this means that you can receive the statutory maximum sentence for that crime.

We Can Help Defend You Against a Charge of Violation of Probation 

Tania Alavi & Andrew Pozzuto are experienced Florida defense attorneys who will strategically determine which defenses may help you win your violation of probation hearing. A Violation of Probation or a violation of community control can only occur when the violation is willful, deliberate, and substantial. The trial court is required to review each allegation of violation on a case by case basis to determine the facts and circumstances of the case. We will work to show the court that you have made reasonable efforts to comply with the terms and conditions of probation. Our attorneys at The AP Law Group are seasoned trial attorneys, fierce negotiators, and compassionate advisors who can help you with your violation of probation legal issues. Contact The AP Law Group today at our Ocala or Gainesville offices. Call 352-732-9191.