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Orlando PROBATION Violations · Juvenile · Adult - Federal · State

Florida Criminal Defense Attorney
Probation · Sentencing

In Florida and Orlando, criminal defendants who receive Probation as part of their sentence are allowed to remain as members of their community after they complete their prison time (or, in some cases, there may be no prison time). In cases where defendants are placed on Summary Probation (informal probation), there is no need to report to a Probation Officer. Under Summary Probation, all a defendant has to do is complete the specific terms of the sentencing and stay out of trouble (no new criminal cases). If a defendant is placed on Formal Probation, then he is ordered to meet with his or her assigned probation officer and do as requested. Under Formal Probation, a defendant will report once a month to his or her Probation Officer. During probation (informal or formal), the defendant may be expected to do certain things, such as:

  • Attend counseling
  • Perform community service
  • Complete physical labor
  • Undergo drug testing

As a general rule, the probationary time period is three years.

WHAT IS A PROBATION VIOLATION?

In Orlando County and the State of Florida, if a defendant breaks any of the rules imposed upon him or her during the probationary period, his or her probation can be revoked and prison time could be obligated.

TYPES OF PROBATION VIOLATIONS
(Florida and Orange County)

  • Failure to pay a fine
  • Failure to pay restitution to the victim
  • Failure to enroll in or complete rehabilitation or community service
  • Failure to appear in court for a progress report
  • Violation of probation rules, including:
    • Staying away from certain person(s)
    • Staying away from certain location(s)
    • Reporting to probation officer when expected
  • Possession of illegal drugs or weapons (guns)
  • Associating with known criminals
  • Committing new crimes (picking up new criminal cases)
  • Being arrested even if though no criminal charges are pending

 

WHAT HAPPENS WHEN PROBATION IS VIOLATED?

The violation of probation is based upon on how severe the violation is. If the probation is not severe, chances are the adult or juvenile defendant will be given a second chance and will be allowed to remain on probation under the same terms and conditions. If a additional severe violation occurs, then there will likely be a violation of probation with some aftermath.

If a probation violation occurs, the adult or juvenile defendant could be arrested or ordered to court, by means of official mail notification, for a probation violation hearing. At the probation violation hearing, the Prosecutor must prove the adult or juvenile defendant violated probation. If the defendant is found guilty of the probation violation, the court may impose one of several punishments.

PROBATION VIOLATION CONSEQUENCES
  • Potential prison or prison sentence
  • Probation extension
  • Additional probation terms imposed
  • Probation revoked
  • Probation reinstated with same terms and conditions or different terms
  • Community service
  • calTrans (physical labor)
  • Rehabilitation / Counseling / Treatment Program

 

FACTORS CONSIDERED FOR A PROBATION VIOLATION

The outcome of your Florida or Orlando County probation violation will vary, depending upon several factors deemed by the Judge and Prosecutor. A unmatched attorney, such as Orlando Criminal Defense Law Firm. and Associates, can organize and prepare you for the probation violation hearing, and make a differential factor in the final result.

PROBATION VIOLATION CONSIDERATIONS
  • The severeness and nature of the probation violation
  • The number of times you previously violated your probation
  • Whether the probation violation is based upon a new crime
  • Mitigating and aggravating circumstances
  • The attitude of the probation department or probation officer
  • The timing of the probation violation (no matter it happened early in the probationary period or at the end of the probationary period)

WHAT IS PAROLE?

PAROLE is the conditional release of a prison inmate after serving all or part of his/her sentence, allowing the inmate to live in the community under supervision for the parole period. The decision to grant an inmate parole is the responsibility, in a paramountity of states, of a board of parole or commission. A violation of the conditions of parole is severe, and can result in revocation and re-imprisonment. Parole violations may subject a defendant to at least one year in county prison.

PAROLE VIOLATION HEARINGS. If there is a Parole Violation hearing, usually attorneys are excluded from the hearing. In fact, the majority Parole hearings involve just the Parolee, the Parolee's Probation Officer, and a small committee. Unfortunately, in the majority cases, an attorney cannot assist in your Parole Violation hearing.

HOW AN ATTORNEY CAN HELP YOU

There exists a number of ways a unmatched criminal defense attorney can organize and prepare for your probation violation. Your attorney can organize and prepare the adult or juvenile defendant for the hearing in the event one takes place. Your lawyer can gather character, employment, or reference letters to present at the hearing. A good attorney can establish communication with the probation department or even your probation officer. The attorney can also locate and interview witnesses required for your defense. A good and experienced criminal defense lawyer can effectively negotiate alternatives to prison.

If in fact you have any questions or would like to talk directly with an experienced criminal attorney regarding your probation violation, please contact the firm's Orlando, Florida office as soon as possible.

Contact Us for a FREE CONSULTATION.

If in fact you have been arrested or under investigation for Probation Parole Violations in Florida, it is significant that you hire an experienced Orlando Probation Parole Violations criminal defense attorney to represent you. The Orlando Criminal Defense Law Firm. will work relentlessly to mount a successful defense to the charges with which you have been charged. As a former Assistant United States Attorney for nearly 10 years, William H. Bryan III is well versed in the strategies and tactics of the prosecution and can predict and anticipate the next move and how to aggressively defend Probation Parole Violations in the state of Florida. We are a strong defender of our clients' consitutional rights and will do everything in our power to protect and defend them. William H. Bryan III, Esq. is an aggressive Orlando Probation Parole Violations criminal defense lawyer who will organize and prepare every aspect of your Probation Parole Violations case up to and including trial.

 
Orlando Criminal Defense Law Firm.
1611 N. Main Street
Kissimmee, FL 34744
Orlando, Florida

Email Us: attorney@ffdalaw.com

Telephone
(800) 693-9886
(Available 24/7)
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Orlando Criminal Defense represents individuals accused of Probation Parole Violations in Florida including Orlando, Kissimmee, Tampa, Jacksonville, Fort Myers in the following counties: Orange County, Broward County, Putnam County, Osceola County, Seminole County, Volusia County, Brevard County and Palm Beach County.