If you have been arrested and want to avoid going to jail, negotiating terms of probation is a good way to accomplish this goal. Many criminal cases are resolved by allowing the defendant to remain free from incarceration, but still punished in some fashion. Two different ways you can serve your sentence without going to jail are by going on probation, or being placed under community control. These forms of punishment have significant differences, and it is beneficial to know these differences if you are considering either.
Three differences between probation and community control are:
- Community control is more like being under house arrest, since it is a form of punishment that lets you serve your sentence outside the walls of the jailhouse, but does require that you not leave your home. You will likely have to wear a monitor, commonly referred to as an “ankle bracelet” that tracks your movement. With probation, you are not required to remain in your residence and can go about many of your normal activities such as going to school or work.
- Community control is reserved for more serious offenses, while probation is available to those defendants who are facing less severe charges.
- Community control can be used as a form of punishment for those that are first placed on probation, but then violate that probation.
In both instances you are able to stay out of jail, but your freedoms are curtailed. Probation is the preferred method of punishment, but as stated that can change to community control if you violate your probation. Violating probation seems like it would be hard to do, because most people think of probation as being a clear set of do’s and don’ts. However, there are several probation violations that can take place unknowingly and without any intent to commit a violation. If you have been charged with a crime and want to do all you can to stay out of jail, let us help defend your case and work out arrangements you can keep. Or, if you have been charged with violating your probation, call us for help to defend these charges. A probation violation is considered a new charge, and it requires a separate defense from the defense you offered when originally arrested.
If you questions about 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.
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.
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.
If you have been charged with a crime and are considering going on probation to resolve those charges, you will want to know some information about how probation works before you make a final decision. If you are not able to fully comply with all of the rules and regulations of your probation, it can be revoked and you may wind up serving time behind bars. It is critical that you talk over the terms offered with your attorney, so you are clear about what is expected of you during your probationary term. If you are not able to meet a requirement, the time to try and find an alternative is before probation begins. One mistake along the way can cost you your freedom, and that is not what anyone wants when they agree to accept probation.
Tree important things to know about probation, which will help you to be successful during your probationary term, are:
- Probation is a way to stay out of jail. When you agree to go on probation, it is usually done through entering a plea. The benefit to you is that in exchange for the plea, you get to stay out of jail. The benefit to the prosecution is that you are still “punished”.
- The terms you agree to will have to be approved by the Court before they become final. So before the Judge hears both sides, be sure that you understand the offer and that you are able to meet the requirements. Because once the Court gives its blessing, you will be bound to the terms and expected to follow them until your probation comes to an end.
- If you are able to stay out of trouble while on probation, and receive no new arrests or charges, you will be rewarded with the promises made when probation began. In most cases this will be a reduction or dismissal of the charges. But, if you slip, your probation can be revoked and you will have to face the full range of possible punishment for the charges against you as well as defend against the charge of violating probation.
For information on what you can do to avoid a probation violation, and what you can expect if you agree to go on probation for a certain offense, call a one of our knowledgeable criminal defense attorneys.
For help with your probation, or to learn what to do if you are charged with a probation violation, 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.
Agreeing to go on probation as a way to resolve a criminal case against you can keep you out of jail. But this only works if you are able to follow all of the rules of your probation, and stay out of trouble the entire time. If you commit a probation violation, your probation will be revoked and you will be in more trouble than when you first arrested. But sometimes it is not always clear that something you’ve done violates your probation. In order to be successful while on probation it is critical to fully understand what is expected of you, so you can take the steps necessary to comply.
Five ways to violate probation, and what you can do to make sure you don’t commit one of these violations are:
- Missing an appointment: if one of your probationary requirements is that you check in with a probation officer, or go to an appointment with a drug and/or alcohol counselor, be sure to put these appointments on your schedule. If you miss one of these meetings, you might have your probation revoked. We all get busy, so the sooner you plan on being where you need to be, the sooner you can mark this requirement off your list. If your appointments are recurring, be sure to note that on your calendar and make arrangements to be present.
- Missing a payment of your costs and/or fines: most criminal cases include imposition of a fine or cost. The defendant is responsible for paying these fees and failing to do so can be a probation violation.
- Waiting until the last minute: if there are things you can do as soon as your probation starts, it is best to make these arrangements now. Putting things off until the last minute will only cause more stress and anxiety during an already stressful time.
- Being arrested for a new crime: while the terms of probation vary from case to case, it is a given in every case that the defendant cannot be arrested for any new crime while on probation. This means you have to keep your nose clean and stay out of trouble during your probation. If this means avoiding certain people or places, do it!
- Taking drugs while on probation: for some charges, part of the probationary sentence is to stay clean. This means you cannot test positive for any illegal substance while on probation. Again, if this requires you to stay away from a particular group of people, or staying away from certain gatherings, it is in your best interest to do so.
We want you to be successful while on probation, and work hard to come to terms that you ah handle. If you have questions about probation or what to do if you are charged with a probation violation, call us today.
For help with questions about 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.
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.
If you have been arrested for a crime, you might be thinking about going on probation as a form of punishment. To be sure, probation is a popular way to resolve criminal cases and the number of people on probation grows daily. The benefit to you is that you get to stay out of jail, and the benefit to the prosecution is that they get to impose a punishment on you. The terms of probation are considered your punishment, and they can be hard to follow. But, if you are successful, you will enjoy the reward of the bargain you made, which typically includes either dismissal or reduction of the charges against you upon successful completion of probation.
But, staying on track can be hard, especially if you are not clear about the requirements. Here are the three most important things you can know about probation:
- Probation is not easy; it will require you to follow rules and regulations you probably prefer not to follow. But if you can stick with it, you will be happy with the end result.
- Probation will only keep you out of jail if you follow the terms set forth in your probationary plan. If you make a mistake, you are likely to have your probation revoked and ordered to spend some time behind bars.
- Probation is no joke! You have to be committed to performing as expected, and doing the things asked of you without procrastination. The sooner you start taking steps to fulfill the requirements of your probation, the sooner you will get certain things out of the way so you can focus on what is next. If you wait too long to start doing what is required of you, you might run out of time or find yourself scrambling to get things done.
We have helped many people negotiate manageable probationary terms, and can help you too. One of the more common cases where probation is a good fit is that of a first time DUI offense. If this is your situation, or if you have questions about another type of matter that requires criminal defense, call us today. Or, if you want help with a charge that you have violated your probation, call us for help.
For more information about 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 working with you.
If you have ever known anyone who has been on probation, you have probably heard stories about what they have to do in order to finish their probationary term. Sometimes the requirements seem out of reach, and other times it might seem like only a minor inconvenience to follow the rules. The requirements vary from case to case and can be more stringent with more serious charges. Regardless of what your requirements are, the consequences for a violation are the same no matter what type of case has been filed against you. When probation is violated you can expect to have it revoked, that you will be charged with a probation violation crime, and that you will also have to face punishment for the original charges in full. This might mean spending some time in jail, or having serious charges wind up on your criminal record.
In order to avoid these possibilities, you must follow all of the terms and conditions of your probation. Three “tricks” to staying on track while on probation include doing the following:
- Get an early start on any special requirements of your probation, so you don’t find yourself at the end of the term with not enough time left to complete something. If you are ordered to perform community service, do it right away! Months later, you will be glad you took the time to check this item off your list.
- If you are required to check in from time to time with a probation officer, do so. Also, make a plan to pay your fines and costs when they are due. If you are having a hard time financially, see if there are alternate arrangements that can be made to fit your budget.
- Do you get any new tickets, or arrests.
If you are not sure what you are supposed to be doing, ask your attorney for clarification. We realize that it can be difficult to understand some of the legal jargon, and will help decipher it for you so you are clear. For questions about probation and probation violations, call our office for answers.
If you have been charged with violating probation, call our office to speak with a qualified criminal defense attorney. Call today to schedule an appointment.
A lot of criminal defendants decide to go on probation as a way of resolving the case against them. Probation is a useful tool, in that it keeps you out of jail but also gives the State the sense that you are still being punished and held accountable for your actions. In most cases, if you can successfully complete all of the terms of your probation, the charges will either be dropped or at least reduced. This is a significant benefit, especially when the charges are traffic related, because a reduced charge might keep your insurance from going up and can also keep harmful points off of your driving record. But what happens if you make a mistake, and are not able to follow all of the rules of your probation?
When probation is violated, the terms are revoked. What this means is that you are no longer going to get the benefits you thought you would be getting when you agreed to go on probation, and you might even face more charges. Two possible punishments for probation violations include:
- Revocation of probation and imposition of punishment up to the full range possible for the charges filed against you. You may not feel the full weight of the possible range of punishment, but you will likely be punished to a more severe degree than what you were enjoying while on probation.
- An extension of the probationary period, which means you will be on probation longer than you originally anticipated.
In addition to facing the above possibilities, you will also be charged with the new crime of violation of probation. That crime will need to be defended, along with the original charge that brought you to Court. In order to avoid taking a misstep while on probation, make sure you fully understand the requirements before you make the agreement. If there are terms you do not believe you can fulfill, let your attorney know. Sometimes all it takes is a bit more negotiating on your behalf to get to a result that meets your needs. If you have been charged with violating your probation, call us for help. The charges are serious, but can be defended.
For more information about 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 working with you.
Let’s face it, no one wants to go to jail when they get in trouble. But the possibility is very real, unless you take action to find a way to “serve” your time outside the four walls of the prison. The most popular way to do this is to agree to go on probation if you have been arrested and charged with a crime. But, there are certain restrictions in place concerning eligibility to be placed on probation and what you have to do to say on probation. If you do qualify for probation, you will be expected to follow all of the terms of your probationary sentence. And, if you do not, you stand a good chance of having your probation revoked.
Two of the best reasons to follow the rules of probation include:
- Avoiding a probation violation charge, which is a new charge separate and apart from the charge that caused you to go on probation. If you are charged with violating probation, you have to defend that charge as well as the original charges against you. And, you may be made to face the full range of punishment for the original charge, which is probably not the case with your probation.
- You get the benefit of the bargain you made if you are successful while on probation, which means if you negotiated for a reduced charge after completing probation, that is what you will get. For most people, the idea that a more serious charge can be reduced to something less harmful is motivation enough to stay on track with their probation. It can be hard to follow all of the rules, but if you do, your reward is to receive the benefit of the agreement you made when negotiating your probationary terms.
We understand how difficult it can be to know what you can and cannot do while on probation, and that is why we are here to help. When we take on your case we make sure you fully understand all negotiations made on your behalf, and that you believe you can abide by the terms offered. If you are not sure you can meet all of the requirements, or there is one sticking point to what the prosecution is offering, we will work with you to come up with alternatives that work and fight to have those alternatives implemented into your probationary terms. For help with criminal matters, and to learn more about how probation can help you, call us today. Or, if you have been charged with a probation violation, contact our office for a solid defense.
For more information about probation, call an experienced defense attorney in Stuart and the Treasure Coast. We offer an initial consultation for no charge, and look forward to working with you.