In the state of Florida, when you have been sentenced to probation, there are certain terms and conditions that you must obey. If you disregard these terms, your probation might be revoked. If this is the case with you, reach out to an experienced criminal defense lawyer like Darryl Smith.
Under Florida Statute 948.001(8), probation is court-ordered supervision that requires meetings with a probation officer. When you are sentenced, you must arrange a meeting with that officer. The officer will review your probation terms and outline the entire process.
Depending on the specific case, there are conditions for probation. Some of the most common terms include:
When you have been sentenced to probation, you must abide by these certain conditions. In some cases, specific activities can be prohibited under your probation.
There are five types of probation in the state. For many crimes, probation is a viable option for prosecutors. Probation can help to limit overcrowding in jails and allow the defendant to face less severe penalties. These types of probations include:
Specific crime-related probation includes:
You can violate your probation in two ways:
Any violation could lead to a revocation of your probation, and you might have to serve your remaining sentence in jail or prison.
Some of the most common violations include:
In the state of Florida, many probation violators will have a zero bond set by a judge. In these cases, you need to stay in jail until your hearing. You will want to have a skilled criminal defense attorney to manage your case. These issues must be dealt with urgency.
At the hearing, you will appear before a judge. These hearings are different from a civil or criminal trial. Without the proper legal representation, you could have your probation revoked and spend the rest of your sentence in jail or prison.
You will need to enter a plea before the court. Unlike a criminal trial, guilt is not determined “beyond a reasonable doubt.” It only needs to be established with a “preponderance of the evidence.” If you were deemed more likely than not to violate your probation terms, the courts will find you guilty.
The court determines all these sentences. In some cases, you can explain why you have violated the terms of your probation. You might have had a family emergency or forgot about a scheduled appointment. The judge will review evidence to support your claims.
If you have been found not guilty, you will continue to serve out the terms of your probation. There is a chance of serving the original jail term for those found guilty of probation violations.
During these hearings, the judge can:
For those felony probation violations, six points will be added to the criminal scoresheet. A second or third violation could lead to additional six or twelve points added to your record. Along with the added points, any further crimes will face maximum penalties for those offenses. In most cases, that means no possibility of probation and a lengthy prison sentence.
The Anti-Murder Act is another issue with probation violations. If your original offense was listed under the Anti-Murder Act and you violated probation terms, there is a possibility of zero bond for your case.
A professional lawyer can help you navigate through the complicated probation violation process. You can make an argument against these violations. In some cases, it was a mistake by the defendant. Your attorney might contend that the probation was:
Violating the terms of your probation can lead to some serious consequences. You will want to reach out to a skilled attorney who has experience with these violations. Darryl Smith understands the legal process, and he will work hard to help you resolve these legal issues.
With the right help, you could avoid the strictest penalties for your probation violation. These criminal matters will not go away, and you need to consult with someone who can help you.
Darryl Smith is ready to take on your case. Make sure to schedule a consultation with the Jacksonville office.