probation violation | Ferraro Law Group, PL | Page 3

probation violation

One Way New Crimes Land You In Jail Instead Of Probation

Agreeing to enter a term of probation is a popular way to resolve minor criminal cases. The agreement typically requires the offender to stay out of trouble, and to check in with a probation officer every so often. These requirements sound easy enough, but a large percentage of persons serving probation find ways to get in trouble again, which means revocation of probation and new criminal charges being filed. In some cases the violation is clear, and in others the violation is harder to detect. Committing a new crime is an actual violation of probation, but seemingly harmless things like missing a call from your probation officer are also considered violations and can land you in hot water. Missing a call or failing to make an appointment are classified as technical violations, and can result in the revocation of probation. In order to make sure you are successful on your term, a clear understanding of the do’s and don’ts is required. Any misstep would mean your probation is revoked, and if the cause is a new crime it seems pretty cut and dried, right? Well….maybe.

A recent case shows just how hard it is for the state to prove even an actual violation. In Vidale v State, the prosecution was unable to show that the defendant had committed a new crime, and the matter is being sent back to the trial court for further review. The basic facts are:

  • Vidale was serving probation for a two year period when he was arrested on marijuana and burglary charges.
  • The arresting officer gave testimony as to what the neighbor of the burglarized home said, the neighbor did not actually take the stand and recount the events for the Court.
  • Very little other evidence was provided, other than what the neighbor said.

The Court ruled that the statements by the neighbor, by themselves, were insufficient to find the defendant participated in the burglary. This case is a good example of what must be provided in order to show a new crime has been committed, at least to the level of revoking an accused’s probation. If you have questions about probation, or have been charged with a violation of probation, call our office today. We have skilled probation violation attorneys on staff that can help you.

If you have questions about probation and probation violations, call our office for answers. Schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.

 

Three Things To Help You Have A Successful Probation

It is common for criminal cases to be resolved by the defendant agreeing to enter a term of probation. The exact requirements vary from case to case, but must be followed in every case in order for the defendant to receive the benefit of their bargain. In order to have a successful probationary period, it is essential to fully understand what is expected of you, and what you are not allowed to do during this time. The approach we take is one that gives you this understanding, because we believe your success is linked to ours.

Three things that will help you to have a successful probationary term include doing the following:

  • Showing up for all scheduled appointments with your probation officer, and keeping your probation officer informed of your address and other contact information. If you are unable to keep an appointment, call a few days in advance and explain your circumstances. Taking action to reschedule shows you are serious about doing what is required of you, and will help you to stay on track.
  • Be sure to pay the fines associated with your case, and to pay them as they become due. We understand that sometimes things come up that cause a change to your monthly budget, if that happens call for help. Your probation officer or the cost administration office may be able to offer you options that fit your budget. If you are refused manageable options, your defense attorney can step in and negotiate on your behalf.
  • Do not get into any more trouble while on probation, which includes avoiding arrest or being pulled over for a traffic violation. If you are charged with a new crime while on probation your probation will be revoked. When that happens you are then facing multiple charges, the original charges for which you were serving probation and the new case.

Staying the course while on probation does not have to be difficult. The reward at the end of a successful probationary term is well worth the work it takes to follow the rules. If you have bene charged with a violation of probation, or have questions about what to expect when agreeing to probation, call us today. We can help you understand the terms, and offer advice on how to successfully complete your probation.

If you have questions about probation and probation violations, call a competent criminal defense attorney in Stuart and the Treasure Coast for help. Call us to schedule an appointment.

Three Ways To Have Your Probation Revoked

Many criminal cases are resolved by the Defendant agreeing to go on probation. Probation is a way to stay out of jail, but still “serve” time for the charges against you. The terms of probation depend on the type of charges, and must be followed exactly as written in order to receive the benefits. Sometimes the terms can be hard to understand, and this results in violations, which in turn cause the probation to be revoked. When probation is revoked, the Defendant is charged with the crime of probation violation and is also required to serve the original sentence. This can work a real hardship on an accused, especially if the original sentence included a lengthy term of imprisonment. In order to avoid a violation, make sure you understand what is expected of you while on probation. When you have a clear understanding of the rules, you are less likely to make a mistake.

Obvious ways probation can be violated is by committing a new crime. Nearly every probationary term requires the Defendant to stay out of trouble, and not be charged with any new crimes. But the less obvious ways in which probation can be violated are doing things referred to as technical probation violations. Three examples of technical violations of probation include:

  • Missing a scheduled meeting with your probation officer.
  • Neglecting to keep your probation officer apprised of your address.
  • Failing to pay court costs and fines.

Some of these things seem harmless, which is why it can be hard to know what to do when you are on probation. We take special care to make sure you know what is expected of you while serving a term of probation, so you can be successful. The purpose of probation is to keep you out of jail, and to receive the benefits of the bargain made. If you are unable to comply due to a lack of understanding, your hard work can end up being for nothing. An experienced criminal defense attorney knows what actions are defined as probation violations and will help you stay on track.

If you have questions about how to abide by the terms of your probation, 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.

Understanding The Two Ways Probation Can Be Violated

If you agree to go on probation to resolve a criminal case against you, it is imperative that you fully understand the terms of your probation. Any violation, no matter how small, can be considered a probation violation and get you into more trouble than the original case. In order to successfully complete probation, let us help you understand what is expected of you.

Probation violations fit within two legal categories There are technical violations, and actual violations of probation. The difference is important, because technical violations can be hard to identify. If you are unable to identify what violates your probation, it will be hard not to do things that are considered a violation of your probation. The two ways probation can be violated are best explained as follows:

  • A technical violation: a technical violation is one along the lines of skipping a meeting with your probation officer, becoming unemployed, moving out of state, or leaving the country without permission. This could be something as innocent as going on a vacation or to visit family. While those things may seem OK to do, if not allowed by the terms of your probation you will get in trouble for doing them.
  •   An actual violation: an actual violation occurs when a brand new crime is committed before your probation has been completed. Being arrested for a crime, and perhaps even getting a speeding ticket could be considered an actual violation of your probation.

 

In both instances, the result is that the original charges against you are “reinstated”, meaning you will be made to face the full possible range of punishment for the original offense. In addition, you will be charged with the new crime of violating probation, and if your violation was an actual violation you will have to answer that charge as well. Along with these new charges and consequences of violating probation, the chance of incarceration increases. We can help you stick to the terms of your probation by making sure you have a clear understanding of the terms, and also by negotiating terms that you able to meet. Call our office today to learn more about probation and what to do about a probation violation.

For answers to questions about probation and probation violations, 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.

Two Important Facts About Probation

For many criminal defendants, the thought of going on probation is confusing. While a good number of cases are resolved in this way, there are also a large number of criminal defendants that are unable to successfully complete their probationary term. When this happens, the defendant ends up back in Court and is made to face the original charge as well as a probation violation. It can be frustrating to suddenly face multiple charges, but with a little planning probation violations can be easily avoided. We can help by negotiating terms of probation that are manageable, and giving you a thorough explanation of what is required while you are on probation.

Probation violations  are either technical or actual. These are two important facts to know about probation, because either type of violation can mean your probation is revoked and the sentence for your crime immediately imposed. Understanding what actions, or inactions, are defined as either a technical or actual violation will help make things clear so you can take care to abide by the terms of your probation:

  • A technical violation is a violation that most people would not consider a violation at all and include things like failing to meet with your probation officer as scheduled or failing to provide updated employment or residence information. While no crime is actually committed, these things are considered a violation of the terms of probation just the same as if you had engaged in new criminal activity.
  •   An actual violation is the most commonly thought of way to violate probation, and includes committing a new crime during the term of your probation. This can even include playing a minor role in a crime, such as acting as a lookout or driving the getaway car.

 

Because the goal of probation is to stay out of jail, it is important to know what you can and cannot do while on probation. We will explain the terms of your probation to you fully, and help you stay on track for successful completion of your probationary term. Call our office today to learn more about what to expect if you decide to accept an offer of probation.

For answers to questions about probation or probation violations, 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.

The Top Three Things To Know About Probation

Probation is a popular way to resolve a criminal case. Going on probation allows you to stay out of jail, which means you can still go to work or school, and keep up with your daily routine. A successful probation is one where you complete all the requirements of the probationary term, and then receive a reduction in the charges against you or an outright dismissal of the case. It sounds easy enough, but sometimes the probation requirements are hard to understand. If you are unclear about what is expected of you while on probation the chances are high that you will commit a probation violation. If that happens you will not receive the promised benefits at the end of your probationary term, and you will also face the new charge of having violated our probation. In order to avoid this harsh result, it is crucial to fully understand the terms of your probation, and make plans on how you can follow the rules put in place.

The top three things to know about probation in Florida include the following:

  • Every term of probation has certain requirements and what you will be required to do while on probation depends on the facts of your case. However, most cases include the requirement that you attend certain educational courses (like DUI school, or rehabilitation courses), and perform a certain number of community service hours. You will want to adjust your schedule as soon as possible after going on probation in order to complete these requirements. The sooner you get these tasks out of the way, the closer you will be to successful completion of your probationary term.
  • When on probation you may be required to check in with your probation officer, and keep him or her informed of your address and phone number, and any employment information. Failure to attend a scheduled meeting with your probation officer is a violation of your probation, and can get you into real trouble. If you are unable to keep an appointment, you should make an immediate call to your probation officer and explain the circumstances.
  • You are not permitted to be charged with any new crimes while on probation. A new charge is a new case against you, and is also a violation of your probation.

If you have been charged with violating your probation, or just want additional information on what to expect if you agree to a term of probation, call our office for help.

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.

 

An Explanation Of The Two Types Of Probation Violations

Entering a plea in exchange for a term of probation in a criminal case is a popular way to resolve the charges against you. However, it is critical to fully understand the terms of your probation and the possible types of violations. This is because if you violate your probationary terms you will face not only the new charge of the violation, but be made to answer for the original charges. This combination of criminal charges against you can lead to jail time and hefty financial penalties. Therefore, taking care to stay out of trouble while on probation is key to a successful term.

Probation violations fall into certain categories. The Court does not differentiate between the types of violation when imposing punishment, but that does not mean ignoring the type of violation will make the problem go away. The two types of probation violations include:

  • A technical violation: these violations include missing a scheduled meeting with your probation officer or traveling to a geographically restricted area.
  •   An actual violation: this happens when a new crime is committed during the term of probation.

 

Avoiding jail time as a possible punishment is the ultimate goal when defending any criminal case. This is never more so true than when dealing with probation violations. Because the possibility of being sentenced to jail increases with a violation of probation for an existing charge, it is crucial you aggressively defend the violation charge. It is also just as important to fully understand what is required of you while on probation, so that you can work hard to avoid a violation. We can help you agree to terms that make sense for your schedule and your life, and that are not confusing. Call our office today to learn more about the ins and outs of probation.

If you have questions about probation and violations of probation, call our office for answers. Call an experienced criminal defense attorney in Stuart and the Treasure Coast. We aggressively defend you and work to maintain your driving privileges. Your first visit is a free initial consultation.

Four Probation Basics

Understanding the terms of your probation will help you avoid a violation. Knowing what to expect when entering a plea and agreeing to go on probation and what you can and cannot do once on probation is critical for successful completion of your probationary term. There are general rules that are in place in every case, and then there are specific parameters that will apply only to you. A violation will land you back in Court, and possibly jail. Violations can be technical, or actual. A technical violation is one that concerns administrative requirements of your terms, such as failing to report to your probation officer as scheduled. An actual violation is one where a new crime is committed.

Four Probation basics that are helpful to know include the following:

  • After careful negotiation with the prosecution, you agree to enter a plea to the charges in exchange for going on probation rather than spending time in jail.
  •  The Court reviews and approves the probation.

 

  • You follow all the terms of the probation, including staying out of trouble and checking in with your probation officer when asked.

 

  • Upon successful completion of the terms of your probation, you receive the benefit of the negotiation made at the start.

Common results when coming off probation are that the charges against you are either dismissed or reduced. A dismissal is beneficial because it keeps damaging convictions off your criminal record. When charges are reduced the benefit ranges depending on the type of initial charge. In DUI cases this could mean a lesser offense on your record which will help keep your insurance rates low. For help determining what terms of probation fit your case and for information on how to avoid a probation violation, call a skilled criminal defense attorney.

If you have questions about probation and violations of probation, call our office for answers. Call an experienced criminal defense attorney in Stuart and the Treasure Coast. We aggressively defend you and work to maintain your driving privileges. Your first visit is a free initial consultation.

Do Not Pass Go, Go Directly To Jail!

Being placed on probation can be the best way to avoid serving time in jail, but it can also be the best way to land yourself in jail. If you fail to abide by the terms of your probation, the likelihood you will be required to serve time is very real. In order to avoid this possibility, consult a skilled criminal defense attorney for help.

Florida law treats probation violations seriously, and so should you. The basics of probation are that you do not receive any other tickets, that you check in with your probation officer as scheduled, and that you pay your fines on time. Failure to do any of these things could result in a new arrest and new charges, not to mention the revocation of your probationary term. When that happens, the prosecution will seek to have the punishment for your original offense imposed, including any jail sentence. The best ways to avoid a violation of probation include:

● Obey all traffic laws, including speed limits and traffic signals.

● Keep track of all appointments with your probation officer, and schedule your other daily obligations around these appointments.

● If you are unsure if an action will violate a term of your probation, ask before doing!

The sentence you receive for a probation violation depends on the unique facts of your case, and the type of violation. Violations can be technical (such as a missed appointment), or related to a new charge (such as receiving a DUI ticket while on probation). To avoid the requirement of having to serve jail time, which is a common part of nearly all probation violation cases, you must present a solid defense. We investigate the facts of your case and present the evidence in a light most favorable to you. Doing this ensures your satisfaction with the result, as well as giving you a clear understanding of what to expect.

If you have questions about probation violations, call our office to learn more on how to defend the charges. Contact us today to schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.

Three Reasons To Follow The Rules Of Probation

A large number of criminal cases are resolved by the defendant entering an agreement with the prosecution to go on probation for a period of time. The exact terms of the probation depend on the case, but in every case if the rules are not followed, the defendant can face additional charges and be in more trouble than when the initial case was filed. This sounds easy enough, but because many of the terms of probation are unclear, it is common for violations to occur. In order to make sure you do not violate your probation, it is best to have a clear understanding of the terms before you even leave the Courthouse.

A probation violation  is a new crime, and carries with it a new possibility for punishment. What this means to the criminal defendant is that there is now the need to defend the original charge, as well as a new one. Thus, it is important to keep these three things in mind and take heed that you follow the rules of your probation:

  • A violation of probation will result in the probationary term being revoked. This means the full sentence possible for the initial charge will be placed back on the table and you will also have to defend the charge of violating probation. You will now face two charges instead of one, and not be able to remain on probation while doing so.
  • A violation of probation usually means jail time.
  • A violation can be either technical or actual, and it is the technical violations that trip up most defendants. Actual violations are easier to identify, because they include the commission of a new crime. But a technical violation is one where an unsuspecting defendant violations probation by something as seemingly harmless as missing an appointment with their probation officer.

 

When a technical violation is committed, it usually comes as a complete surprise to the defendant. To avoid this happening to you, partner with a competent defense attorney, so you are sure to understand what is expected of you while on probation. We can help you negotiate terms that you can follow, and can also help if you have been charged with a probation violation.

 

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.