Punta Gorda Probation Violation Lawyer

Punta Gorda Probation Violation Attorneys

If a court gives a defendant probation at sentence, some of them may be able to avoid or minimize their time in jail. Probation, however, is more than just a way to avoid going to jail. When a probationer breaks the terms and conditions of their probation, they may be required to appear in court for a probation revocation hearing. When this happens, it is important to seek the legal assistance of a Punta Gorda probation violation lawyer.

In such cases, it is crucial to seek legal assistance from a criminal defense lawyer in Punta Gorda to ensure you have proper representation during the hearing and work toward minimizing potential penalties.

Why Choose Us?

With decades of combined experience, the lawyers at Ruhl & Lux, P.A. have handled a wide range of criminal matters in Punta Gorda and the surrounding areas. We are aware of the possible effects a conviction may have on your future, your family, and your life. Whatever the charges against you, we will fight to protect your rights because we believe everyone should have excellent legal representation in our system. Contact us now.

What Is Probation?

When it comes to individuals found guilty of misdemeanor or felony offenses, judges have a variety of sentencing alternatives. Generally speaking, incarceration is the most severe option. An alternative to jail is probation, which is a term of community supervision under court order. Probation can help offenders avoid jail altogether or reduce their jail terms. Judges set probationary requirements that defendants must follow in order to avoid going to jail or prison.

When probation is a possibility, judges frequently grant “straight” probation, which means their own penalty is court-ordered supervision. Alternatively, they may impose a brief incarceration followed by probation. If a person is eligible, the judge will consider certain factors when determining probation, such as:

• The severity of the offense.
• Injury or damage to the victims.
• The offender’s criminal history.
• His or her attitude toward probation and degree of repentance.
• The likelihood that the defendant would be imprisoned.

Conditions of Probation

Defendants on probation are spared from jail or prison time, but only if they abide by the judge’s orders, often known as probation terms and conditions. Conditions of probation must be logically connected to the public’s safety or the probationer’s rehabilitation. Terms can include:

• Reporting to a probation officer
• Paying associated fees and restitution
• Community service
• Regular drug and alcohol testing.

There are also conditions that may be directly related to the offense. For instance, if an offender has been convicted of harassment, a condition of their probation may be to have no contact with the victim. Similarly, if an individual is convicted of a drug-related offense, the probation terms might include mandatory drug counseling or testing. If you’re facing drug-related charges, it’s crucial to seek advice from a knowledgeable drug crime lawyer in Punta Gorda to ensure your rights are protected and that you understand the full scope of your probation conditions.

Probation Violations

Under probation, there are certain terms that an offender must follow. When they do not, it is considered a probation violation. Violations may be substantive, meaning the person committed a new crime while on probation for a separate crime. If arrested, they can be charged with both the new crime and violating probation.

Probation violations can also be technical, which means they violated a direct condition of their probation. Examples of this include:

• Refusing to check in with their probation officer
• Refusing to pay fines
• Failing drug and alcohol tests
• Being absent from counseling
• Not completing community service.

If the offender is found in violation, the prosecutor or probation officer will file a motion to have a probation revocation hearing, where they will seek to have the probation revoked.

Penalties for Violating Probation

While the ultimate penalty and details surrounding it will largely rely on the circumstances of the case (such as the severity of the crime and the nature of the violation), the outcome will generally fall under one of two categories: to have the probation revoked (and have their suspended sentence served instead) or reinstate the probation. Reinstatement can be made with or without adjustments.

A judge may reinstate probation for minor infractions without making any modifications. This could create a record that might prevent eventual expungement. Modifications for more severe infractions could involve jail time, community service, counseling, inpatient therapy, prolonged probation, or electronic surveillance.

Probation revocation is the most serious penalty for probation violation. The initial sentence determines the judge’s options for the conditions of the revocation. If the judge delayed deciding the sentence, they can now choose any allowed punishment. If the judge had decided the sentence but postponed it, that specific punishment is given.

FAQs About Punta, FL Gorda Probation Violation Law

Can a Probation Violation Be Dismissed in Florida?

In Florida, a probation violation may be dismissed. This usually happens if the judge determines there is not enough proof of the violation or if the probationer successfully challenges the accusations while in court. Usually, a judge will decide whether to discharge someone during a violation of probation (VOP) hearing.

How Much Time Do You Get for VOP in Florida?

The time you get for a violation of probation (VOP) in Florida depends on the original offense and the judge’s decision. Any punishment, up to the maximum permitted for the initial offense, may be imposed by the judge. The judge could impose any penalty up to the maximum of five years, for instance, if the original offense carried a maximum sentence of that amount.

Which Type of Probation Violation Is the Most Common?

The most common type of probation violation is a technical violation. Technical violations are actions that are in direct violation of the terms of a person’s probation. In this category, some of the most common occurrences include missing meetings with a probation officer, failing drug and alcohol tests, and refusing to pay fines or restitution.

What Is a Technical Violation of Probation in Florida?

A technical violation of probation in Florida occurs when a probationer doesn’t comply with the non-criminal terms of their probation. Examples include missing a probation officer appointment, skipping classes or therapy sessions mandated by the court, failing a drug test, or failing to pay penalties or reparations. This could also include situation-specific violations such as contacting a person they were ordered to have no contact with.

Contact Ruhl & Lux, P.A. Today

If you have been charged with violation of probation, an attorney at Ruhl & Lux, P.A. can help you. We can analyze the details of your probation and violation and build a strong defense in your favor. Contact us today for more information.