Violations of probation in the state of Florida occur when a criminal defendant willfully and substantially breaks the conditions set forth in the probation sentence. At Monroe & King, P.A., our experienced Jacksonville probation violation lawyers have defended hundreds of clients in probation violation hearings, and we can represent you in court to seek a favorable outcome.
Violation of Probation Florida
Penalties for probation violations in Florida can be severe. Once probation is revoked, the court may impose the maximum statutory sentence for the original offense. With the knowledgeable and compassionate help of Jacksonville probation violation lawyers from Monroe & King, P.A., you can get the legal representation you need to understand your options and fight for a positive solution.
Violations of probation may involve:
- Positive drug tests
- Failure to meet with probation officer
- Law violations or new offenses
- Failure to pay required financial obligations
Understanding Florida Probation Laws
In order for a court to find a defendant guilty of violating probation, it must prove that the defendant willfully and substantially violated the terms of the probationary contract. If the violating actions were done out of mental illness, ineptitude, or negligence, the actions in themselves cannot prove that the defendant willfully broke the contract. Our Jacksonville probation violation attorneys have a passion for defending clients’ rights in court and can use their extensive experience to aggressively represent you in probation violation hearings.
The proceedings begin when a supervising officer files an Affidavit of Violation with the court or a Department of Corrections Violation Report in a felony case. Once the necessary documents are filed, the court will review the officer’s allegations, determine if reasonable grounds for the complaint exist, and issue a warrant for the defendant’s arrest, often on a “no bond” status. The court will then arraign the defendant and schedule a hearing, so the prosecution may present evidence to prove that the defendant willfully and substantially violated the terms of probation.
What Happens at a Probation Violation Hearing?
At the hearing, the defendant is given the opportunity to admit or deny the violation. During the hearing for a probation violation, the judge will hear the case and determine whether any terms of the probation were violated. The violation of probation will need to be proven by way of "preponderance of evidence" from the prosecuting attorney, meaning it is more likely than not that probation was violated.
A few factors that the sentencing judge may take into consideration during this hearing include:
- Nature, type, and seriousness of the violation
- Evidence supporting / countering the accusation
- History of prior violations
- Other aggravating / mitigating factors
If possible, treat this probation violating hearing as your would a criminal trial, prepare evidence that supports your side and get the representation of a Jacksonville probation violation lawyer on your side.
Passionate Legal Assistance for Probation Violation Cases
Our firm provides experienced representation for clients facing violation of probation charges in Florida. Probation is seen as a privilege, and the team at Monroe & King, P.A. can work efficiently to defend your rights and seek a beneficial outcome. Our Jacksonville probation violation defense lawyers can discuss your options and build a defense for your case.
If you have been charged with violating your probation, call our Jacksonville probation violation attorneys immediately at (904) 474-3115 for dedicated legal assistance.
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