probation violation

The Top Two Ways To Violate Probation

Agreeing to go on probation is a good way to stay out of jail if you have been charged with a crime. But, it only works if you are able to stick to the terms of your probation. When you do that, you get the benefit of the bargain you made, which most times includes a reduction or dismissal of the charges against you. However, if you make a mistake, it can cost you your probation and more. A probation violation is a new charge, so you will now have to defend that charge and the original charge. And when you violate probation, you are likely to be punished to the full extent of the law for the initial charge filed against you. So, knowing what to do while on probation becomes of the upmost importance, and we are here to help get you through this phase of your case successfully.

The first step to making sure you don’t commit a probation violation is in knowing what constitutes a violation. The top two ways to violate probation are:

  • By committing a new crime. Any new crime is a probation violation, and you will then be defending the new crime, the original crime, and the crime of probation violation. If you need to change your circle of friends to stay away from opportunities to get in trouble, we recommend you do so. You will be happier in the end, when you are successful on probation, and can move forward with things that matter.
  • Committing a new crime is an actual violation of probation, but there are also things that are classified as technical violations that will cause your probation to be revoked. The biggest technical violation is falling to pay fines and costs. If you are having financial difficulty, let your attorney know so alternate arrangements can be made if possible. It is also a technical violation to miss an appointment, or fail to check in when scheduled. We recommend you put all important dates on your calendar, and refer to it regularly so you know when and where you are supposed to be taking action to comply with the terms of your probation.

For more information, call our office. We will help you to understand what is expected of you and answer any questions you have about what you can or cannot do while on probation. And, if you have been charged with a probation violation, we can help there too.

 

For more information about probation, call our office today. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.

Four Things About Probation You May Not Know

Not everyone is well versed in the law, but there are some basic things that are well known. For example, most people know that if a couple gets divorced and they have kids, decisions will have to be made about custody and support. But the intricate details of those decisions are the lesser known things that should be left in the hands of a capable attorney to help determine. In criminal cases it is common knowledge that probation is a good way to resolve a case without having to go to jail. Most people are even aware that there are certain rules and requirements that have to be followed while on probation, and if those rules and requirements are not followed then the probation can be revoked. But there is more to probation and a probation violation than these basics, and knowing a few things can help you make decision about whether probation is right for you.

Four things about probation violations  you may not know include:

  • The State is not put on a timeline to pursue the violation. There is no “statute of limitations” for a probation violation.
  • The Judge is the one who hears the case regarding your violation, there is no right to present evidence about whether a violation occurred to a jury.
  • The State does not have as heavy a burden of proof to meet in order to prosecute a violation. This is different from other criminal charges, where the burden of proof on the State is greater.
  • You may not be allowed to “get out of jail free” while waiting for a hearing on the violation.

Staying the course while on probation can be hard, but when you know the risks it is worth the effort. If you have been arrested for a crime and are considering probation as an option, let us review your case to see what options are available to you. Or, if you have been charged with or arrested for violating probation, call us today for help. We will get to the bottom of the facts and aggressively defend the charges. Most times a violation and the new charge that led to the violation are related, and letting a qualified attorney handle both is more efficient.

If you questions about probation violations, contact an experienced criminal defense attorney in Stuart and the Treasure Coast for answers. Your first visit is a free consultation and we work with you to reach results that fit your needs.

 

Four Possible Penalties For Violating Probation

Violating probation is a serious thing, which can land you in serious trouble. When probation is violated the defendant is taken off of probation, and has to prepare for a legal battle regarding the initial charge as well as a few other charges. The end result could be a stiff financial fine, jail time, or probably both. If you are charged with violating probation you need to give the matter all of your attention, so you can get a result that works. A qualified criminal defense attorney can help.

Four possible penalties for violating probation, other than revocation of the probationary term, are:

  • Your will be charged with the crime of probation violation. This is a separate charge from the original charge you were facing, and has to be defended separately.
  • Whatever act resulted in the violation will also be a new charge against you. So not only will you have to defend the violation allegations, but also the new crime that has been committed.
  • The original crime will now have to be defended in full, as you can no longer rely on probation as a resolution to the initial charges filed against you.
  • You will have to pay costs and fees for all of these cases, which adds up quickly. You might also face jail time for each of these charges, which may mean you have to spend some time behind bars.

Most probation violations are actual violations, which happen when a new crime is committed. But there are also technical violations, and those might be more difficult to spot. Things like not paying fines or failing to abide by some of the administrative terms of your probation are considered technical violations. In our experience people who commit a technical violation do so unknowingly. This is why when we take on your case and negotiate a term of probation on your behalf, we sit down and talk with you to be sure you understand all of the terms fully. If there is a question, we give you answers that make sense. If you have been charged with violating probation, let us help minimize the damage. Or if you have been charged with another crime and are wondering if probation is the right answer, give us a call to find out more.

For answers to questions about violations of probation, call an experienced criminal defense attorney today. Skilled criminal defense attorneys in Stuart and the Treasure Coast are here to help you today. Your first visit is a free initial consultation.

Two Unique Facts About Probation Violations

It is pretty common knowledge that if you agree to go on probation to resolve a criminal case against you, you have to do certain things. You also have to refrain from doing certain things, like getting into more trouble. If you are caught doing something you are not supposed to do, such as staying out past curfew or failing to take Court ordered rehab courses; or if you do something you are not supposed to do, like get arrested for a new crime, your probation can be revoked. When probation is revoked the defendant has to figure out how to resolve the original case against them, defend the new case charges, and also defend the probation violation charge. This can be a lot to take in, but with the right criminal defense attorney by your side you can get through this process.

But there are some things you need to know about probation violations when you are helping to develop your defense, because this type of crime is different from other crimes. Two unique facts about probation violations are:

  • You do not get to present your case to a jury. The judge will decide whether you are guilty of a violation, and this can be somewhat scary for some people. Facing a Judge can be intimidating, but we are not afraid to put on an aggressive defense for you to the Judge.
  • The prosecution does not have to meet as high of a burden of proof as they do in other types of criminal cases. This can make it difficult to defeat their proof, but that does not mean it cannot be done or that satisfactory results are out of reach.

The best thing you can do if you are placed on probation is to make sure you understand all of the terms. If you have a question, ask your attorney. A skilled attorney will be able to not only negotiate terms you can live with, but will also be able to explain those terms to you clearly. Our team of criminal defense attorneys is ready to help you with a successful probation today, and can also help if you have been charged with a probation violation.

For help with probation or probation violations, call our office to speak with a qualified criminal defense attorney. We help people charged with all sorts of crimes in Stuart and the Treasure Coast. Call today to schedule an appointment.

Five Things You Might Not Know About Probation

VOP probation technical violation

Probation is an excellent option if you can follow the rules.

If you have been placed on probation then you know that there are certain things you can do and certain things that are prohibited. You probably also know that if you do something that is prohibited you can be charged with violating your probation. A probation violation or VOP is a new charge that you have to defend, and with every violation comes the risk that your supervision will be revoked. All of this is should sound familiar if you have been arrested and negotiated a plea that included a term of probation. But there are also some things about probation that are not as obvious, but just as important.

Five things you might not know about probation, but should if you are considering agreeing to a term, are:

  • You might be subject to a random drug test, even if you were not arrested on a drug charge initially.
  • If you have been ordered not to “associate” with someone who is engaging in criminal activity, which might extend to minor violations. It is clear that you should stay away from hanging out with people who are dealing drugs or committing armed robbery, but what happens if you are out with a friend who gets arrested for public intoxication? That might be considered “associating with someone engaged in unlawful activity”.
  • Not all scientific proof has to be supported by an actual scientist. So, if you fail a one of the random drug tests mentioned above, don’t expect to get an opportunity to cross examine someone with scientific knowledge about the test itself.
  • Staying out past curfew can be a violation, and as easy as it is to lose track of time, this is a pretty common violation but one that gets little attention.
  • If you are caught committing a new crime, it might not be the best idea to enter a plea to that charge because doing so might be used as evidence in the case against you for VOP. You have to be very careful about how you respond to violation charges, or you risk digging a deeper hole.

The idea of going on probation sounds easy enough, but the little nuances described above show some of the complexities that must be considered first. If you have questions about probation or have been charged with a violation of probation, call us for help.

 

For more information about probation and VOP, call us today to schedule an appointment. One of our experienced criminal defense attorneys in Stuart and the Treasure Coast is here to help you and your first visit is a free initial consultation.

The Three Best Ways To Violate Probation

If you have decided to take an offer of probation in order to avoid going to jail while also resolving criminal charges against you, you must take special care to follow all of the rules if you expect a good result. The Court will expect you to know what you are allowed to do, and what you are not allowed to do while on probation. If you do not understand any of the terms of your probation, you will not be given a “free pass” for that misunderstanding and the results can be quite harsh. But it is not always clear what the rules are, so before you take an offer of probation to resolve your case, be sure to get an explanation of the terms.

The three most common violations of probation, and thus the three best ways to commit a violation are:

  • Being arrested for a new crime. This is the number one no-no when on probation, and most people will tell you to avoid even a minor traffic ticket while you are on probation. If you get arrest for something new before your probation is up, you will be charged with that new crime and also with violating your probation. This is like a double whammy and requires a strong defense to resolve.
  • Failing to pay costs and fines when they are due. We understand that money can be tight, but if you decide to skip out on a court cost payment you can be found to have violated the terms of your probation.
  • Skipping out on the requirement to attend court ordered rehabilitation or other programs. It is common in cases that involve drinking and driving, like a DUI, to be required to go to driving school. If you decide not to go, you will not be given the required certificate of completion needed to meet the terms of your probation. The best idea is to schedule attendance at these types of schools and programs as soon as possible, so you don’t get in a time crunch too near the end of your probationary term. Once you complete these courses you will have one less thing on your plate and can focus on what is left to be done.

Our approach is to work with you for a full understanding of the terms of your probation. If you are not clear, we will give a satisfactory explanation. If you do not think a particular term is manageable, we need to know as soon as possible so other options can be explored.

For answers to questions about how to stay on track with probation or how to best defend a violation, call an experienced criminal defense attorney today. Skilled criminal defense attorneys in Stuart and the Treasure Coast are here to help you reach workable solutions. Your first visit is a free initial consultation.

Three Reasons To Follow The Rules Of Your Probation

The idea of going to jail is not appealing…to anyone. But if you get arrested for a crime, even a misdemeanor, there is a chance that you could spend some time behind bars. One good way to avoid this outcome is to agree to go on probation. Probation allows you to stay out of jail while still serving your sentence and being “punished”. The key is to follow all of the terms of your probation though, so at the end the charge against you are either dismissed or reduced (whatever agreement you made when deciding probation was the answer for you).

Three reasons to follow the rules of your probation are:

  • A violation will get you in trouble by leading to a new charge, that of violation of probation. Plus, you will have to now stand and face the full range of punishment possible for the original offense. This requires you to defend two cases now, at the same time
  • Your probation will be revoked, which means that whatever agreement you thought you made will now no longer be available. So if you were expecting charges to be reduced, that will no longer be a possibility.
  • If you get arrested in the future and want to resolve that case by going on probation, the offer may not be made to you. The reasoning is that if you have already violated probation before, the State attorney will not be likely to think you can be successful later. This can make it hard to defend a future case without the chance of going to jail as part of the punishment.

So, it is best to follow the rules of your probation and stay out of trouble for the duration of the probationary period. While each case and probationary term is different, the one thing that is always expected of you is to avoid any new arrests or tickets. If you get a new ticket or are arrested for something new that is when the violation takes place and the revocation of you probation happens. If you have questions about how to stay on track, or what you will be expected to do during probation, call our office. We can help you decide if probation is the right answer for you.

For more information about violations of probation, call an experienced criminal defense attorney today. Skilled criminal defense attorneys in Stuart and the Treasure Coast are here to help you today. Your first visit is a free initial consultation.

Five Things That Happen When You Violate Probation

Agreeing to a term of probation will keep you out of jail, but only if you are able to fully comply with all of your probationary terms. Some of the requirements will seem more administrative in nature, meaning you will need to keep your records updated and make sure you check in when required. But one of the biggest requirements of any term of probation is the requirement that you remain arrest free and commit no new crimes while serving your probation. If you are picked up on a new charge your probation can be revoked and you will have to face the full weight of your original offense, plus the offense of probation violation and now the new crime you are charged with as well. That adds up to at least 3 charges you will now face, and even if the new charges are dropped you will have to contend with the others.

Five things that happen when you violate probation are:

  • You can be punished for the original crime to the full extent possible under the law.
  • You will have to defend a violation of probation charge.
  • Your probation will be revoked, thus you will no longer get the benefit of the bargain you made when you agreed to go on probation (which most times was for a reduction of the charges against you or maybe even dismissal of those charges after successful completion of probation).
  • You will be facing new charges, for whatever caused the violation (either a new arrest, or a technical violation for not following one of the administrative requirements of your probation).
  • You may not be eligible for probation on future cases.

These possibilities make it clear that sticking to probation is best. But we understand that it can be difficult, and things do happen in life. If you have been arrested on a new charge while on probation, even one that has been dismissed, call us for help. We will aggressively pursue all remedies available to you and that fit the facts of your case.  Our goal is to minimize the impact criminal charges and the sentences for those charges can have on your life.

For answers to questions about violations of probation, call an experienced criminal defense attorney today. Skilled criminal defense attorneys in Stuart and the Treasure Coast are here to help you today. Your first visit is a free initial consultation.

Three Things To Remember While On Probation

Agreeing to go on probation as a way to avoid to jail works in a large number of criminal cases, as long as you know what to do during the probationary term. But if you are not aware of what is required of you while you are on probation, you run the risk of committing a probation violation. If you are charged with a violation of probation you can have your probation revoked and will also have to defend against the violation. So to make the most of the agreement you made when going on probation, it is critical to make sure you know what to expect. A good defense attorney will explain your probation terms to you, and negotiate for terms you can follow.

While every case a different set of terms of probation, there are some things that apply to all case. Three things to remember while serving out your probation, and that will help you be successful are:

  • Make sure you pay all of your fines and costs when they are due, or make arrangements for a payment plan. Failing to pay probation fines is a violation of most terms, but is also one of the most avoidable violations if you take the time to work out payments.
  • Complete any required courses or treatment programs as ordered by the Court. It is a good idea to schedule your attendance early, so you don’t run out of time towards the end of your probation.
  • Stay out of trouble while on probation! You are not allowed to get any new tickets or be arrested for any new crime. If you are, then your probation will be revoked and you will have to face the full weight of the original charges, plus the violation, and the new crime.

It can be hard to stay on track during probation, but it becomes much easier when you know what you are supposed to do. If you  have questions, or are unclear about the rules, be sure to ask for clarification. This is your case and you have the right to feel comfortable with the agreement made. Let us help you negotiate reasonable probation terms, or if you have been charged with a violation call us to find out what to do next.

For more information about probation and how to avoid a probation violation, call an experienced defense attorney in Stuart and the Treasure Coast. We work with you to tailor a defense that fits the specific facts of your case. We offer an initial consultation for no charge, and look forward to helping you.

Three Tips For A Successful Probation

Agreeing to go on probation sounds like a good idea if you have been charged with a crime, because it will keep you out of jail. If you have a family, a job, or other responsibilities staying out of jail will allow you to carry on with your life. But the only way you can reap the benefits of probation is if you follow all of the rules. To do that, you will need to know what you are supposed to do, and it is always good to have some pointers.

Three tips for having a successful probation are:

  • If you are required to perform community service, be sure to schedule it early. The sooner you start checking things off your probation to do list, the sooner you can rest easy knowing you are course for success. But, if you put off things that need your attention, you can find yourself backed into a corner and running out of time.
  • If you are supposed to check in periodically with a probation officer, or with the prosecution, do so. Keep track of all of your appointments and make plans to attend. If you have a scheduling conflict, call your attorney as soon as possible to see if alternate arrangements can be made.
  • If you have to attend driving school, drug or alcohol treatment course, or have an interlock installed in your car for a DUI or other traffic related offense, take care of these things as soon as you can. The same rationale for completing community service early on in your probationary term applies to these requirements. It might seem like your term is long, but the truth is the time will pass quickly and you don’t want to come to the end of probation without having done all of the things you were ordered to do.

We know that going on probation is a good way to resolve criminal charges. But this only works if you can follow the rules, and part of that is understanding what you need to do. We can help by negotiating agreeable terms, and making sure you are clear on your obligations.

 

For more information about probation or probation violations, call us. Contact our office today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.

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