Orlando Violations of Probation
We represent people for Violations of Probation [VOPs], Violations of Community Control [VOCCs], and Early Termination of Probation and Community Control. This includes all misdemeanor and felony cases.
Our law office has represented many individuals that have been charged with violating his or her probation VOP or community control VOCC in Florida. Violation of probation cases are very difficult because the standard of proof in violation of probation or community control hearings is much lower than at a trial but the sanction is the same.
Consequences of Probation Violations
In Florida, all the prosecutor has to do is convince the judge the probationer violated his or her probation or community control and then the judge can sentence the probationer up to the maximum he could have at the original sentencing. This means that if the maximum sentence 5 years in prison and at sentencing you were placed on probation instead, then if you violate your probation you can be sentenced up to 5 years in prison.
The term "probation" is used to indicate any type of supervision listed above. For purposes of this website we will just use the word "probation" to refer to all the forms of supervision. There is not much difference defending between a first violation of probation in Florida and violating probation a second time.
You can violate general conditions of probation (technical violations), special conditions of probation (technical violations), or you can violate by being accused of committing a new crime (substantive violation). Technical violations are numerous and are often for:
- Not filing a monthly report (absconding).
- Moving from residence without notifying your supervision officer.
- Use of intoxicants in excess (as evidenced by a positive or "dirty" urinalysis).
- Committing some illegal behavior (as evidenced by a dirty urinalysis).
- Substantive violations of probation are those that involve a new criminal offense being charged against you. This is typically listed as a condition 5 violation. Any new offense committed will result in a violation.
Often times there are defenses to violations of probation. The first thing you must remember is to never admit to a violation. Admitting that you have violated your probation usually eliminates most defenses you may have had.
The most important thing to remember is, even if you believe you will be violated, always report to your supervision officer as scheduled. Being afraid that you would be violated is not a defense to not reporting. If you have been arrested you must truthfully fill out your monthly report. Failing to report and/or lying on your monthly report (Blue Form) are sure ways to being found in violation of your probation.
To Retain Orlando Criminal Defense Attorney Eric J Dirga
For a free consultation contact us today. We will set up a consultation over the phone or in person to discuss your situation and explain your Rights. Our consultations are always free.
