(813) 252-1529Probation Violation Attorney in Tampa
Explaining the Seriousness of Violating Probation in Florida
Jail terms and fines are only two of the penalties that Florida judges may impose when they sentence convicted criminal offenders. Some convicted offenders are not placed in jail or prison but are instead sent back to their homes and communities to serve time on probation.
In the Florida justice system, probation stresses a convicted criminal offender’s personal accountability while providing a workable alternative to jail or prison. Probationers in Florida must adhere to the following requirements. If they don’t, they can be sent to jail or prison or face other consequences.
Patrick B. Courtney is a Florida probation violation attorney who is here to help clients understand their obligations under the probation agreements and help them avoid going to jail if a violation occurs. Call today to discuss your case.
What Are the Requirements of Probation?
The terms and conditions of probation differ for each probationer but typically include refraining from alcohol and drugs, agreeing to random alcohol and drug testing — especially for a drug offender probation — finding and holding a job, avoiding criminal friends and acquaintances, and meeting regularly with a probation officer.
Some probationers may be sentenced to house arrest or ordered to wear a monitoring device. If drugs or alcohol were involved in the original underlying crime, the terms of probation may require treatment and/or counseling for drug or alcohol dependency issues. When you are sentenced to probation, you must also adhere to the following requirements.
Meet Regularly With a Probation Officer
One of the most important parts of complying with your probation agreement is to attend all meetings with your probation officer. The frequency of these meetings can vary, but once a month is common. Missing a meeting is considered a violation of your probation, so make sure to let your probation officer know if you can’t attend a meeting for any reason and reschedule quickly.
Strictly Follow the Probation Officer’s Instructions
It’s the probation officer’s job to ensure that you are staying out of trouble and complying with all of the terms of your agreement. If they determine that this isn’t happening at any point, they can recommend that the probation be revoked, which generally means you are sent to prison or jail. Always pay careful attention to the probation officer’s instructions and ask questions if you’re unsure of your obligations.
Request Permission for Any Out-of-Jurisdiction Travel
In most cases, those under probation must remain in the local area. If you need to travel out of the jurisdiction for any reason, you will generally need prior permission from your probation officer to avoid violating the probation terms.
Inform the Probation Officer of Any Changes to Address or Employment
Maintaining a stable lifestyle while you’re on probation is important, but sometimes, changes need to happen. If you need to move or change jobs, let your probation officer know right away. They will also need to have the updated and correct contact information for you at all times, including an active phone number. If your probation officer can’t get in touch with you, it could be considered a violation of your probation.
How Can Probation Be Violated in Florida?
Under Florida law, probation may be violated in one of two ways: by violating the terms and conditions spelled out by the probation agreement or by committing another crime while on probation.
Common probation violations include:
- Making late fee payments
- Failing to keep appointments with probation officers
- Failing a drug or alcohol test
- Dropping out of a court-ordered drug or alcohol treatment program
- Missing a court date
- Violating a specific probation term, such as an injunction for protection
By staying in touch with their probation officers and being aware of all deadlines, most probationers are able to avoid a violation of probation.
Not associating with known felons, not having any adverse interactions with police officers, and not committing any additional crimes are critical while you are on probation. If you are arrested for a crime while on probation, it can mean that your probation is revoked, and you must start serving the jail or prison sentence for that crime while you wait for the new offense to be processed. This can also affect the case for the new charge, especially if it’s the same type of offense, because it shows a pattern of criminal behavior.
How Are Probation Violations Handled in Tampa, FL
Any violation of probation (VOP) may be penalized with the revocation of probation and a jail or prison term for the duration of the offender’s sentence. When a probation officer learns about a potential violation of probation, he or she may submit an Affidavit of Violation to the court.
Upon reviewing the affidavit, a judge may issue a bench warrant to have the individual arrested on a VOP charge. To win a conviction in a VOP prosecution, the state must prove the defendant knew and understood the terms of probation but intentionally and willfully violated those terms.
If the judge agrees that the defendant intentionally and willfully violated the terms of their probation, they will likely be ordered to serve the rest of their sentence in jail or prison, depending on the charges. If you have been accused of violating your probation, it’s critical that you speak to a defense attorney as soon as possible to avoid this.
Probations Lose Many of Their Rights
Because probationers have already been convicted of a crime, in a violation of probation hearing, they no longer have many of the rights that other criminal defendants have. For example, they no longer have the right to a bond or a trial by jury.
What’s admissible and required in the hearing is also different from a criminal trial where the defendant has not yet been found guilty. For example, hearsay is admissible in a VOP hearing, and the state does not have to establish the probationer’s guilt “beyond a reasonable doubt.” The right to legal counsel is one of the few rights that probationers retain in violation of probation cases, and it’s arguably the most important for them to exercise.
At a VOP hearing, a Tampa violation of probation attorney can offer the probationer’s defense and explain why he or she should not be convicted of violating probation — and should not be returned or sent to jail or prison. They may show that the probationer was not aware of the terms and, therefore, doesn’t meet the standard of intentionally or willfully violating them. For example, if an attorney can show that you were never made aware that you weren’t able to travel outside of the jurisdiction, they may be able to argue that your doing so should not count as a violation. It’s crucial to always have legal representation for these matters and never to try to represent yourself at a probation violation hearing.
Are Felony and Misdemeanor Probation Different?
In Florida, felony probation usually lasts for three to five years. Misdemeanor probation is typically six months to one year. An offender can seek a reduced sentence after about half of that time, and the request may be granted if all of the conditions have been met with no violations.
If you are convicted of a crime and placed on probation, use the opportunity to move positively and constructively into the future.
For defendants in criminal cases, probation is a better outcome than prison, but if you are charged with a crime that you did not commit, fight the charge. If the case goes to trial, ask the jury to return a not guilty verdict. That is your right.
Attorney Patrick B. Courtney Can Help
The right Tampa criminal defense attorney may be able to have a criminal charge against you reduced or entirely dismissed. If your case goes to trial, a good defense attorney will be needed to protect your legal rights and to present your side of the case.
If you are charged with a violation of probation, jail or prison is a real possibility. You’ve already been convicted of one crime, and if you are convicted for a violation of probation, the judge may decide that you’ve been shown enough leniency.
Criminal defense lawyer Patrick B. Courtney has over 24 years of legal experience. He was a prosecutor before he became a defense attorney, so he knows how VOP cases are prosecuted. He protects his clients’ rights and brings every case to its best possible resolution.
Pat Courtney is a Tampa violation of probation attorney who represents clients in Hillsborough, Pasco, Pinellas, Manatee, Polk, and Sarasota counties. Call his offices at (813) 252-1529 to learn more, or complete the brief contact form.
