Unlike criminal cases, violation of probation has a relatively low standard of proof. The judge uses ‘preponderance of the evidence’ to determine whether or not you went against what was required for your conditional release. If there’s a 51% chance you were in violation, you could face grave possibilities.
A good defense might better your outcomes in Florida. Probationers have rights that need to be defended, especially in the face of possible revocation. The right Tampa criminal defense lawyer can represent you and mitigate the consequences throughout the process.
Are the Consequences Less Serious if My Reasons for Violation are Legitimate?
The judges in Florida probation violation trial courts have a lot of freedom in deciding the most deserving consequence after the hearing. Therefore, if you explain the reasons well enough, you might just get a less punitive outcome. The judge can also give extremely harsh consequences when they deem necessary.
Simply believing that you have legitimate reasons and hoping that the court sees the justification can result in life-changing penalties for the violation. A violation of probation attorney in Tampa, FL, can explain your circumstances and give convincing reasons why the court should mitigate the consequences.
Can the Probation Officer Decide on the Outcome of My Case?
When your probation officer thinks that you have violated the terms of your probation, they can either:
- Handle the issue by themselves if it’s minor or,
- Initiate the revocation process
If the issue is minor, the probation officer can deal with it without seeking a motion to revoke your probation.They can make your terms a bit stricter or extend the period you’ll be on probation. If you are a repeat violator or if they consider the violation quite serious, the officer might forward the information to the District Attorney’s office.
What Happens When I’m Accused of a Probation Violation?
A probation officer isn’t the only person that can report a violation; a police officer or anyone else can do so. The District Attorney could then review the accusation and either dismiss the case or file a motion in court. After that, a warrant of arrest might be issued against you. You can either turn yourself in or wait for an arrest.
Depending on the circumstances, you might be released on bond or remain in custody until the day you appear in court. On the hearing day, you could get a chance to explain the legitimate reasons for violating the requirements. At the end of the hearing, the probation might be revoked, or you might be asked to continue with probation under new conditions.
What Determines Whether I Get Out on Bond?
Some probation violators get out on bond, while others cannot. Your ability to get a bond might depend on:
- The terms of the probation
- What you did to violate the terms of your probation
- The number of times you have violated probation before
A violation of probation attorney in Tampa can give the judge reasons why it is safe for you to be out on bond. And you don’t have to panic if you or your family cannot raise the bond amount instantly. A bondsman can pay the amount for you to get out on the condition that you will pay back and not leave town.
What Defenses Can I Use After Violating My Probation?
The laws in Florida require the prosecution to show that your actions were substantial and willful. On the other hand, your defense team should be striving to prove otherwise. Depending on what led to the alleged violation, your Tamper lawyer could argue that:
- You violated a condition that the probation officer unilaterally imposed
- You were unaware of a special condition attached to your probation
- There is sufficient time to complete the special condition
- The violation resulted from ineptitude or negligence that is not deliberate or willful
- You could not comply due to a medical emergency
- You were unable to pay a financial obligation due to an inability to raise the money
- You failed to answer the door in the wee hours of the night because you were asleep
- You were in constructive possession of the contraband
- Your traffic violation was non-criminal
How Long Will it Take to Determine whether My Reasons are Legitimate?
A motion to revoke the terms of probation doesn’t take long in Florida. Once the process begins, you might have a determination in a few days. However, the period might be longer if:
- You try to hide
- If you try to evade a police arrest
- The violation is reported over the weekend
- If the motion is filed on a weekend
A seasoned Tampa attorney can use his legal knowledge, experience, and skills to facilitate a smooth process regardless of the circumstances. As tough as the situation might seem, a legal expert can help you get the best possible outcome. They could convince the judge that you are really trying as much as you have messed up.
Is an Attorney Really Necessary?
While you can try navigating the Florida justice system yourself, it helps to have a Tampa violation of probation attorney by your side. Their knowledge of the law, judges, and the courts can be an added advantage in your violation of probation case.
Your lawyer will keenly listen to your side of the story and pay attention to why you went against the conditions of probation. After that, they might build a legal strategy that can guarantee the best outcome for your case. The first consultation is often free and can give you an idea of what to expect.
Attorney Fighting All Your Criminal Accusations
If you allegedly violated your probation, you don’t want to leave your fate to chance. You can possibly be sentenced to many years in jail and lose your freedom. Fighting the accusations is what you need to do.
Our Tampa defense attorney can fight aggressively to ensure your best interests are protected. Talk to us today, and we will personally walk the legal journey with you.