Violation of Probation Hearings: What to Know
Hiring an experienced Port St. Lucie criminal defense lawyer is important when defending against your alleged violation of probation. A violation of probation carries serious consequences. You could face up to the original amount of time you could have been sentenced to or much more in a felony case.
Violation of Probation Hearing
Challenging a violation of probation is not handled the same as a non-violation of probation case. In a violation of probation hearing the standard of proof is lowered to preponderance of the evidence. Preponderance of evidence means more likely than not the violation occurred. The State is also permitted to use hearsay evidence against you. However, if you violated with a new offense, there must be direct evidence not just hearsay. There is no trial by jury.
At Dadan Law Firm we have experiencing handling violation of probation hearings. Call now for a free consultation.
Can I Get a Bond on a Violation of Probation?
Unfortunately, you are not entitled to a bon on a violation of probation case, but having an experienced attorney handle your case could certainly make a difference. At Dadan Law Firm we can file a motion to set bond on your case and fight for bond. However, if you have been charged with an offense under Florida Statutes ¬§ 948.06 you will not receive a bond even with the filing of this motion.
Types of Probation Violations
These violations are divided into two groups: substantive violations and technical violations.
Substantive Violations of Probation
Commonly known as being charged with a new offense/s while on probation. If you have been charged with an additional offense/s, even if the new case is nolle prossed, no info’d or you are acquitted, a judge can still determine that you have substantively violated your probation. It’s imperative that you contact Dadan Law Firm and know your rights.
Technical Violations of Probation
A Port St. Lucie criminal defense lawyer can assist a client who has violated general or specialized terms of their probation. A technical violation includes (list is not all inclusive)
- Address changes that take place without permission
- Inability to pay fines or court costs
- Failure to attend probation hearings
- Late arrival to probationary meetings
What Are Some Viable Defenses to a Violation of Probation?
A violation of probation must be willful and substantial. If the accused has made reasonable efforts to comply with probation, a violation cannot be deemed willful. For instance, if the accused is on sex offender probation with a GPS ankle monitor and the monitor reports a single isolated gone alert and its shown that the accused did not willful disappear, but stepped out of the zone while the monitor was charging a Motion to Dismiss can be filed on behalf of the accused, getting the State to reconsider the violation of probation charge.
What Are the Potential Penalties?
- A client that is found to be in violation will be subjected to the following penalties:
- Probation Reinstatement
- Probation Modification
- Probation Revocation
Contact Our Port St. Lucie Criminal Defense Lawyer 772-579-0347
Our experienced attorney Sasha Dadan, Esq. will provide you with an initial free consultation to go over your potential defenses and answer any questions you may have about the legal process. Let us help you protect and plan for your future.