Posts made in November, 2014

Probation Violation in Florida

Posted by on Nov 13, 2014 in Criminal Laws | 0 comments

Any state court judge can grant probation to a defendant in a criminal case except where expressly forbidden in Florida statutes, such as cases punishable by death. When you are given probation, the assumption is that close supervision is all that is warranted, and provided that the defendant follows the terms of the probation within the prescribed period, the sentence is considered served.

However, violating probation may then subject the defendant to the maximum jail time that would have been in force at the time of sentencing or whatever punishment the court decides is appropriate. This is bad, but a competent Fort Walton Beach criminal defense lawyer can help improve the outcome depending on the facts of the violation.

There are two major types of violations for probation, substantive and technical. In general, substantive violations are when the defendant commits another new crime on top of the one for which the defendant was placed in probation for. A technical violation is when the probationer fails to fulfill one or more court-ordered terms of the probation such as failing to complete a mandatory rehabilitation program (drug or alcohol), or failing to inform the probation officer of a change of address.

Under Florida law, the court has discretionary powers when it comes to sanctions for probation violations, and the judge may consider extenuating circumstances for say failing to report to the probation officer at the designated intervals i.e. seriously injured in an accident. But whatever the reason, it is a serious matter that needs to be addressed with the help of a skilled criminal defense lawyer.

Failing to give it the importance it deserves can result in major problems that will be difficult, if not impossible to rectify. If you are charged with violating your probation, engage the services of a criminal defense lawyer in your area to make sure that your rights are protected, especially if the charge is false or misplaced.

Read More