Probation Violation Attorneys in Port Charloette, Florida
If you have been accused of violating the terms of your probation, you have a relatively small timeframe to defend your freedom. On top of that, you may not know what is coming next – which can be extremely stressful. The attorneys at Ruhl & Lux, P.A., can help you determine your next steps and legal options if you are facing charges of violating your probationary terms.
Remember: given the time-sensitive nature of these cases, the sooner an attorney can start working on your case, the better. The criminal defense attorneys in Port Charlotte, Florida, will work diligently and aggressively to protect your rights throughout the process and help you achieve the most favorable outcome possible. Ruhl & Lux, P.A., also serves people facing probation violation charges in Sarasota and Fort Myers.
Common Ways Probation Is Violated
In 2019, according to the National Institute of Corrections, more than 200,000 people in Florida were on probation. Probation refers to a period of supervision ordered by the court to punish the defendant convicted of a criminal offense. Probation allows the defendant to remain in the community instead of serving their sentence in prison/jail.
During the probationary period, the probationer must follow a variety of terms and conditions set by a judge. If the probationer disobeys any of these terms and conditions, they can face consequences for a probation violation. Common types of probation violations include:
Failing to pay the fine
Failing to report to a probation officer
Moving out of the county, city, or country
Failing to pay restitution to the victim
Failing to appear in court
Testing positive for alcohol or drugs
Failing to take an alcohol or drug test
Failing to complete an alcohol or drug treatment program
These are just some of the examples of probation violations. However, probationary terms vary from one case to another, and violating any of the terms can result in probation violation charges.
Types of Violations
Florida law recognizes two types of probation violations:
Technical violations occur when a probationer fails to follow some rules or conditions of probation but does not commit any crime nor do they get arrested. Common types of technical violations include failure to meet with a probation officer, missing curfew, and testing positive for drug or alcohol use, to name a few.
Substantive violations occur when a probationer is charged with a new crime during their probationary sentence. When a substantive violation occurs, the court may revoke the probation and/or impose penalties for failure to adhere to the terms of probation as well as prosecute the probationer for the new crime.
Regardless of the type of violation, the consequences can be dire. It is vital to contact an attorney and discuss your options for minimizing or eliminating the penalties you are facing for the alleged violation.
Consequences of Probation Violation
When an alleged violation of probationary terms occurs, the probation officer will prepare the Affidavit of Violation and submit it to the court. The Affidavit is the probation officer’s sworn statement detailing that they reasonably believe that the probationer violated the terms and conditions of probation.
After the Affidavit is submitted, the court will schedule a hearing where the judge will determine whether or not the alleged violation took place. Once the hearing is complete, the judge can rule in one of three ways:
Reinstate the probation
Modify the probation to change the terms of probation (e.g., extend the probationary term as a punishment)
Revoke the probation and send the probationer to jail
The judge’s decision depends on the facts presented by the prosecution and the probation officer on one side and the probationer and their defense attorney on the other side. Your attorney will present evidence and witness testimony to prove your case, cross-examine the opposing side’s witnesses, and advocate for the most favorable resolution possible. The revocation of your probation can have far-reaching consequences. Not only can you lose your freedom and be ordered to pay hefty fines, but your reputation and employment opportunities may also be negatively affected.
Fighting Against the Probation Violation Accusations
If you have been accused of violating your probationary terms, do not hesitate to contact an attorney who will investigate every detail of your case to look for inconsistencies in the prosecution’s case and do whatever it takes to keep you out of jail or prison. Your attorney may be able to help you prove:
You did not have intent to violate the terms of your probation.
The lack of evidence to prove that the violation has occurred.
The violation was not substantial enough to justify a revocation of probation.
The conditions of your probation were unfair, invalid, or unconstitutional.
Each case is unique, which is why you want to get a personalized, one-on-one consultation with an attorney to discuss possible defense strategies in your particular situation.
Probation Violation Attorneys Serving Port Charlotte, Florida
The attorneys at Ruhl & Lux, P.A., understand the serious nature and urgency of your situation if you are being accused of violating the terms of your probation. The probation violation attorneys in Port Charlotte, Florida, are committed to fighting for your rights and helping you achieve the best possible outcome. Reach out today to protect your future and defend your freedom.