Agreeing to go on probation is a good way to resolve a criminal case against you. But in order for this option to work, you have to stay on track with your probation and do everything that’s been ordered. This is easy for some people, but others struggle to comply. If you are not able to follow the rules of your probation, you can be charged with a probation violation. A probation violation is a new crime that you have to defend, and you will also have to face the full weight of the original charges against you.
Three things to know about a probation violation and what you can do if you have been charged with one include the following:
- Revocation: if you violate your probation, you will no longer be on probation and will have to defend the original charges against you. This means your probation will be revoked and you will be punished according to what is possible for the original violation. This might be the full punishment possible, or something else. You will no longer get the benefit of the bargain you made when you went on probation, and if that included a reduction or dismissal of the charges upon successful completion of probation, which will now be off the table.
- Violation type: violations are either technical or actual. A technical violation is one that happens without a new crime being committed. Most often a technical violation is one that includes failing to abide by one or more of the probationary terms. On the other hand, an actual violation occurs when a new crime is committed while on probation.
- Evidentiary proof: the State will be the one making the claim you violated your probation, and will have to provide evidence to the Court of the violation.
It is essential to have competent representation if you have been charged with violating probation. Rather than accept the charges and be punished for violation, on top of having the possibility of being punished in full for the first offense, you should question the violation charges. The approach you take must be aggressive, but it can be done. Our team of criminal defense attorneys has the experience needed to defend these types of cases, and is ready to help you today.
If you have questions about probation violations, call our office for help 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.
The agreement to go on probation requires you to follow all of the rules and conditions of your probation. If you make a mistake, it is not enough to say you did not understand what was required of you. Your responsibility is to know what is expected, and how to do the things you are required to do while on probation. Some of the requirements are obvious, like the requirement to stay out of trouble and not get any new tickets or arrests.
The top three violations of probation, aside from committing a new crime and what you can do to avoid a violation, are:
- Forgetting to pay your fines and court costs. If you are experiencing financial problems that prevent you from making the payments, it is never a good idea to ignore the problem. Sticking your head in the sand will not solve anything, and will get you in more trouble and possibly end with a revocation of your probation. Rather than take this approach, call your attorney so arrangements for payment can be made.
- Failing to participate in a court ordered program, such as drug and/or alcohol rehab or driving school. These types of programs are usually part of the probation for a DUI case, and it can be helpful to complete the course as soon as possible so you don’t run out of time.
- Having a dirty UA or testing positive for a banned substance while on probation. This is a big no-no, and if part of your probation is to remain clean and sober, you need to take every step possible to make sure you do. It might take counseling or rehab, but those things will pay off in the long run if they keep you on track with your probation.
We work hard, and with you, to make sure the terms of your probation are ones that fit your schedule and capabilities. If you are not sure of what is expected of you, ask until the requirement becomes clear. Our experience is that people have no intention of violating their probation, but sometimes life takes a turn. If you have questions about probation, or need help defending a probation violation, call us today.
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.
If you have been arrested and charged with a crime, you might be wondering what type of punishment you will have to endure. Most cases involve the payment of a fine, the possibility of going to jail, or maybe avoiding jail time by agreeing to go on probation. When you make the choice to resolve your case by going on probation, you have to make certain you understand the probationary terms so you can be successful. If you are able to stay on track with your probation, you will get the benefit of the bargain you made when making the probationary agreement. But if you make a mistake, you will face the full weight of the charges as well as the new charge of violating probation.
Three tips for handling a probation violation are:
- Determining whether the violation was an actual violation, or a technical violation. Your attack will be different depending on the type of violation, and the outcome can also be impacted by whether the violation was actual or technical. An actual violation is one where a new arrest is made, and a technical violation can be made without you even knowing it has happened. Good examples of technical violations include things like failing to pay fines, or missing an appointment.
- Figuring out what the possible punishment could be if you are found to have violated probation. When a probation violation occurs, the defendant can be sentenced the full range of punishment for the original charge. This, on top of any punishment for the violation, can be too much for most people to handle. So, you have to be aware of the possibilities, and then work towards a result that is reasonable.
- Dealing with the revocation of your probation, which could require you to appear in court sooner than you had planned and/or to pay more fines than fit your budget.
If you have been arrested for violating probation, acting fast will help. Tackling this type of charge head on and right away is the best choice because it shows you are serious about serving your “sentence”. The more accountable you make yourself; the more likely the end result will be something you can do.
If you have questions about how to defend a probation violation, 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.
When you agree to resolve a criminal charge against you by going on probation, you agree to abide by certain rules and regulations for the duration of your probationary period. When making the agreement your attorney should explain the terms to you clearly and completely, so you know what to do while serving out your probation. It is also helpful to go into probation with some basic knowledge of your own, because you are the one ultimately responsible for having a successful probation.
Five of the most common violations of probation, and the things to watch out for while you are on probation are:
- Forgetting to check in with your probation officer. This takes time out of your schedule, but if you don’t do it, you can be charged with violating your probation. It would be a shame to have your probation revoked over such a minor infraction, so be sure to put all meetings and calls on your calendar and give yourself a reminder.
- Failing to pay fines and costs. We understand the fees can add up in a criminal case, but if you miss a payment you will be charged with violating probation. If you are having financial problems that prevent you from paying what is due, call your attorney and your probation officer to discuss alternatives.
- Failing to complete Court ordered courses, such as driving classes or drug and alcohol treatment programs. It is best to schedule these courses as soon as possible, so you do not run out of time during your probation.
- Testing positive for a controlled substance while on probation. This is a big no-no, so just don’t do it!
- Committing a new crime while on probation. If you are arrested for a new crime, your probation will be immediately revoked and you will have to stand and defend the new crime, the original crime, and the probation violation charge.
Our goal is to negotiate terms of probation you can handle, and to share in your success. If you are not sure probation is the answer for you, or if you have a question about the terms, make sure to ask. We will take the time necessary to fully explain the process to you, so you walk away from the Courthouse with confidence. We can also help if you have been charged with violating probation, and look forward to discussing your case with you soon. Call us today for help.
If you have questions about probation violations, call a competent criminal defense attorney in Stuart and the Treasure Coast for help. Call us to schedule an appointment.
Many criminal defendants agree to go on probation as a way to avoid jail time and as a means to resolving their case. While on probation you are still able to go to school or to work, which means you can provide for your family or continue to further your education for the future. But if you do not follow all of the rules your probation can be revoked. When probation is revoked there is usually a jail term to serve, as well as the requirement that you defend the charge of violation of probation. But not every case is clear cut and it can be hard to tell what you are supposed to do while on probation. In order to have a successful probation it is essential to have a clear understanding of the probationary terms, and then do your best to stay on track.
If you are able to do these three things while on probation your chances of successfully completing your probationary term increases greatly:
- Check in with your probation office when required. If you miss an appointment you stand the chance of having your probation revoked. Most officers are able to schedule appointments that fit your schedule and allow you to take minimal time off work or school, talk over your needs with your office and make sure that you write down every appointment on your calendar. Give yourself reminders if you need to, and make sure you have transportation lined up in advance.
- Finish your community service or attend required educational courses, depending on the facts of your case and the agreement made in your case. It is a good idea to start these things right away rather than wait until the deadline, that way you can rest easy knowing that you are in control of when certain requirements have to be completed. No one likes to be pushed up against an unmanageable deadline, so plan probation requirements sooner rather than later.
- Stay out of trouble, and do not get any new tickets or be arrested for any new crimes. This is the cardinal rule of all probationary terms and if you are not able to keep your nose clean while on probation you will not receive the benefit of the bargain you made.
Whether you need help understanding your probationary terms, or you have been charged with a violation of probation, we can help. Call us today to find out where to go from here, and what needs to be done to keep you on track with your probation.
For help with probation violation cases, 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
When most people think of probation images of agreeing to do certain things for a set amount of time in exchange for staying out of jail come to mind. The requirements of probation vary from case to case, but one thing remains the same and that is if you do not follow the rules your probation will be revoked. Failing to abide by the terms of probation result in a new crime of violating your probation and cause your current status as a free person to be put in jeopardy. This is because when a probation violation takes place the defendant no longer enjoys the benefit of the bargain made and if part of the bargain was to stay out of jail the chance of being put behind bars is very real. For this reason it is critical to fully understand the terms of your probation before making the agreement to resolve your case in this way.
Three probation “do’s”, so you are sure to stay on course, include the following:
- Check in with your probation officer when required. If you are not able to keep a scheduled appointment on your calendar, call your officer as soon as possible to work out an alternative. Simply not showing up is a big mistake and can cause your probation to be revoked.
- Be sure to do the things asked of you while on probation, such as performing community service or (in most DUI cases) having an interlock device installed in your vehicle.
- Stay out of trouble! This means do not receive any new traffic tickets or be charged with any new crimes. A new charge against you is not only a violation of probation, but is also a new case that requires a defense.
If you have questions about what is expected of you while on probation, or if you have been charged with a violation of probation, call us for help. We have experience in both of these instances and can offer you aggressive representation for all of the charges against you.
For help with probation violation cases or for answers about what is required during probation, 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.
If you agree to resolve a criminal matter by being placed on probation it is imperative that you stick to the plan and do all the things asked of you. If you do not follow the terms of your probation, it can be revoked. If your probation is revoked you face jail time for the original charge as well as being placed in the position of having to defend the claim you’ve violated probation. If you are found to be in violation you no longer receive the benefit of the bargain you made when agreeing to go on probation, and may even land in jail. In order to avoid this harsh consequence it is critical to know what is expect of you while on probation and the most common forms of violation.
The top two probation violations filed are:
- Committing a new crime. This is considered an actual violation of probation and will cause multiple charges to be lodged against you. First, the charge for which you were placed on probation will be “renewed”, second you will face the charge of probation violation, and third you will be staring down a new charge for the new crime committed. This multiplying of charges can be a heavy blow and requires an aggressive defense.
- Failing to abide by the terms of your probation by skipping an appointment with your probation officer or failing to do some other action required by your probation guidelines. These types of violations are considered technical violations, but can cause you harm just the same as an actual violation. A strong defense is also needed if you have been charged with a technical violation of your probation, and to claim you were unaware of the terms to follow is not considered a good defense.
If you have questions about probation and how it works, call our office. We can help you stay on track with your probation, can help negotiate terms that are manageable, and can also help if you have been charged with violating probation. Contact one of our criminal defense attorneys today for help.
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
When you are arrested for a crime there will be a record of the arrest. It is important to take action to keep harmful notations off of your record, and agreeing to a term of probation is one way to keep your record clean. A clean record will help you to get a better job, can help you to rent an apartment or home in a desirable neighborhood, and may even help you when applying to school. But going on probation is not an automatic right, and there are certain requirements you must meet before the State will agree to this way of resolving a criminal case.
Two things to know about what it takes to be placed on probation include the following:
- Your record must already be clean. If there are prior convictions noted on your history you will not qualify for probation.
- You cannot have any record of prior felony charges having been filed against you. If you do, you are not eligible to use probation as a way to resolve the current case against you.
You will also be required to enter a plea in order to be placed on probation. Depending on the type of case, you may have to enter a guilty plea to the charges. This does not mean you will be found guilty, but if you make a misstep during your probationary term it does become possible the ultimate result will be a guilty verdict. But, if you are able to comply with all of the rules of your probation you can avoid the entry of a finding of guilt in your case. Being able to stay out of jail, along with no finding of guilt, is the purpose of probation. If you have been charged with a crime and are considering negotiating for a term of probation, you should only do so after a competent defense attorney reviews your case. Call us first to find out what you can expect, so you can make a decision about what is best for you. Sometimes the requirements of probation can be hard to meet, but you can be successful while on probation. We are here to help make sure that happens and to help you avoid a probation violation.
For help with probation violation cases, call a competent criminal defense attorney in Stuart and the Treasure Coast for help. We offer representation for a wide range of offenses, call us to schedule an appointment.
Agreeing to a term of probation is a popular way for people charged with crimes to resolve the case against them. Probation is a way to avoid going to jail, but still gives the prosecution the feeling that an appropriate punishment has been given. Aside from staying out of jail, probation is popular among criminal defendants because it offers certain benefits at the end of the probationary term. One common benefit offered is that the original charges are either dismissed or at least reduced to a lesser charge. But in order to enjoy the benefits probation offers it is essential to stay on track throughout the entire term of probation. That sounds easy enough, but sometimes there are questions about what you can and cannot do and if you make a mistake the State will not accept the fact you did not understand the terms of you probation as a good reason not to charge you with a probation violation.
To have a successful probationary term and avoid a violation, these three tips can make your time on probation seem like a walk in the park:
- Pay your fines and cost, and pay them on time! If you are experiencing financial difficulty and cannot pay what is owed, don’t wait until it is too late. Take steps sooner rather than later to put a payment plan in place and if you need to make a late payment be sure you have approval, in writing!.
- Show up for community service or appointments with your probation officer, and be on time. If you cannot keep an appointment, call to reschedule. If you are required to maintain a certain level of employment and your job is jeopardy, communicate that to your attorney as well as to your probation officer. Now is not the time to keep information to yourself, we are here to help you stay on track and can only do so if we have all of the information needed to help you.
- Stay out of trouble while on probation. One sure fire way to have your probation revoked is to get arrested for a new crime. If that happens you now face the new charges as well as the original charges, and a charge of violating probation.
Having a successful probation happens all the time. It takes a little bit of work, but the reward is worth the effort. If you have questions about probation, call us today.
For help with probation violation cases, call a competent criminal defense attorney in Stuart and the Treasure Coast for help. We offer representation for a wide range of offenses, call us to schedule an appointment.
Probation is a popular way to resolve criminal cases. The benefits of probation are that you can avoid jail, receive a reduced sentence, have the charges against you dismissed or reduced, and maintain your sense of freedom. But you will only receive these benefits if you are able to follow the rules and stick to your probation. It sounds like easy enough task, but violating probation happens more often than you might think so knowing what harm can be caused by a violation will help you to stay on track.
A probation violation will not only mean your probation is revoked, but it is also a new crime. This means you will face additional punishment on top of the punishment for the original crime. Three ways a probation violation can hurt you are:
- Violating probation will land you in jail.
- A violation of probation means your probation is revoked and the full range of punishment for the initial crime becomes a possibility.
- A probation violation is a new crime, so the punishment is heightened because you face the consequences from the original crime and also the crime of violating probation.
The problem is that it can be hard to know when a violation has happened. Violations are classified as either technical or actual. An actual violation is easier to spot because it usually includes the commission of a new crime. A technical violation on the other hand is not as clear. Simply missing an appointment or failing to check in wen required can be a technical violation. The truth is that most people are not even aware they have committed a technical violation, and are surprised when their probation is revoked. It is not defense t claim you were uncertain of your probationary terms when defending against a violation, so be sure you know what you are getting into when entering probation. We are knowledgeable in this area and can help you if you have been charged with a probation violation or have questions about what to expect while on probation. Call one of our probation violation attorneys today.
For more information about probation and probation violations, call an experienced defense attorney in Stuart and the Treasure Coast. We offer an initial consultation for no charge, and look forward to helping you resolve your case in a satisfactory way.