violation of probation | Ferraro Law Group, PL

violation of probation

Six Pitfalls Of Probation Violations

Most people know that if they agree to go on probation, they will have to follow certain rules and procedures and if they do not, that their probation can be revoked. It is also pretty common knowledge that when probation is revoked, you face a much more harsh punishment, which could lead to you spending some time in jail. But there are other aspects of probation violations that are not as well-known, but should be if you are considering going on probation or have been charged with a violation of probation.

Six pitfalls of probation violations that you may not know about include the following:

  • There is no time limit for pursuing the violation. So if you think you can avoid prosecution of a violation by leaving the state, you will be surprised upon coming home to find out you are still liable for the violation and could be arrested and hauled into Court to face the charges.
  • The standard for a conviction is not as stringent; the State does not have to prove your guilt beyond a reasonable doubt. When the legal standard is not as high, the likelihood of being convicted increases.
  • You will probably be denied bond while waiting for your hearing. This is different from the first time around, where you likely bonded out while you waited to go to Court and agree to your probation.
  • The right to a trial by jury is not an option, so the Judge will be the one deciding your fate rather than a “jury of your peers”. Most times Judges are more hardnosed than what a jury might be, so you have to fight even harder for a good result.
  • The rules of evidence are not as strict, and hearsay statements can be brought into Court and used against you.
  • You will be asked questions, the answers to which may amount to you basically incrimi9nating yourself.

This list makes it easy to see how important it is to stay on track while on probation, or else you could fall victim to a more harsh punishment. If you have been arrested for a crime, let us help you get the best result possible. If probation is right for you, we will work hard to make sure the terms are ones you can follow and that you understand. If you are already on probation and have been charged with a violation, we can help there too. Call us today to find out more.

Five Steps To Know About If You Are Caught Violating Probation

When you agree to a term of probation to resolve a criminal charge against you, you have to be sure to follow the rules to the letter or you risk violating your probation. If a probation violation occurs, you can be charged with the new crime of probation violation as well as whatever crime led to the violation. This amounts to at least two new charges against you, and you also no longer get the benefit of your probation agreement, which means the original charge can now be prosecuted in full. These possibilities are severe, and can lead to jail time and additional fines that have to be paid. So, if you are charged with violating your probation, you need to know where to turn for help.

Five things that can happen when you are caught violating probation are:

  • Your probation will be revoked, leaving you to stand and face the full range of possible punishment for the original crime.
  • You will be charged with whatever new crime has been committed, and may not be offered probation as a way to resolve that case.
  • You will be charged with violating probation, which is a separate charge in and of itself.
  • You could be arrested, or have a warrant for your arrest issued that leads to an eventual arrest.
  • You may have to spend some time behind bars.

Most probation violations are defined as actual violations, which means the defendant has committed a new crime while on probation. But it is also possible to commit a technical violation of probation, which could be something as minor as forgetting to pay a fine when due or failing to report in as scheduled. In order to avoid a violation, make sure you understand all of the terms of your probation before the agreement is final. The best way to do this is to have a competent defense attorney negotiate your probation. Our staff is skilled at working out probation plans that make sense, and that you can follow. Because if your probation contains unreasonable terms, the chances of being successful while on probation are slim. For help, call us today.

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 NOT To Expect While On Probation

If you have been charged with a crime and are considering going on probation to resolve the charges against you, it is important to understand exactly what is involved. A lot of people leave the Courtroom uncertain about the rules and requirements of their probation, and so make a mistake that leads to a violation and revocation of their probation. This is truly tragic, because in most instances the violations can be avoided and the defendant given the benefit of the probation agreement made. Our job is to help walk you through the process, so you go into your probationary term fully prepared. A good way to start is to understand what probation involves, and also what probation does not involve.
Three things you should not expect while on probation are:

  • That it will be a cake walk. That is not to say that all of the terms are going to be burdensome, but the reality is probation is still a form of punishment. So if you enter your probationary term with the idea that it will be “no big deal”, you are more likely to make a mistake.
  • That it is an automatic get out of jail free card. While you do get to avoid jail time by agreeing to go on probation, one misstep can land you behind bars. So take your probation seriously, and you will be successful.
  • That you can commit minor offenses and still remain on probation. One of the hallmarks of any term of probation is that the defendant remains “trouble free”. This includes getting tickets for traffic violations, or being arrested for a new crime.

We want you to be successful, so that you get the benefit of the bargain you made when negotiating your probation. In many cases the agreement calls for the defendant to do or refrain from doing certain things for a period of time, and at the end of that timeframe the charges are either dismissed or reduced. Let us help you make decisions that make sense, and that include terms you can handle. Call our office today for help with criminal defense, and to learn more about probation and probation violations.

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.

 

Three Parts To Defending A Probation Violation

Agreeing to go on probation as a way to avoid jail time is a good idea if you are prepared to follow the rules of the probation. Every case is different, but in all cases you will be required to pay court costs and fines, and to stay out of trouble while on probation. If you are successful, you will enjoy a reduction in charges or even dismissal of the charges at the end of your probationary term, depending in the bargain you made. But if you make a mistake, you will be fully responsible for the charges, as well as have to defend new charges and the violation of probation charge.

Defending a charge of violation of probation can be tricky, but when you know how the case is structured, you are better prepared for the task. There are three parts to defending a probation violation, and these include:

  • Defending either an actual or technical violation. A technical violation might be hard to spot, because it is a violation that includes failing to abide by certain administrative terms of your probation. But an actual violation, on the other hand, is easy to identify because it involves committing a new crime.
  • Determining the possible range of punishment for the violation, and then developing a defense that addresses that punishment. Knowing what you are up against will help you to pinpoint which facts are relevant to your defense, and which ones should be kept out of Court.
  • Making sure you appear in Court when required, to defend not only the violation of probation charge, but also the new crime.

It is not always easy to tell what you are supposed to do while on probation, so if you have questions, be sure to ask your attorney. We have seen it all, and can help you to be clear on what is required of you while serving a term of probation. If you are on probation and have been charged with a violation, of if you are not sure whether to accept an offer of probation, call us for help. We will go over your options with you and help you make a decision that works for you.

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.

 

Three Important Things To Know About Probation Before Agreeing To A Term

When you get arrested for a crime one of your first thoughts is probably along the lines of what you can do to stay out of jail. One option is to deny the charges and take your case before the Judge or jury to ask for a finding of not guilty. But there are other options, and for many it is nice to know what choices exist because putting your fate in the hands of the Court or a jury is too risky. One of the most popular options is to go on probation. The point of probation is to punish defendants without sending them to jail, and is available in certain types of cases. If your case is eligible for probation, there are some things you will need to know before you make an agreement. Without knowing what you are getting into, it will be hard to be successful, so we explain things to you fully beforehand to ensure your success after making the agreement.

Three important things to know about probation before agreeing to a probationary term are:

  • It only works if you follow the rules. The minute you stray from the course of requirements, your probation can be revoked. If your probation is revoked you will no longer get the benefit of the agreement made, and will also have to defend against the new charge of violation of probation.
  • It is not easy, and will require you to put forth some effort. There may be terms that require you to have equipment installed in your car, like an interlock device if you are charged with DUI. Or, you may have to perform a certain number of community service hours or attend court ordered drug and/or alcohol rehabilitation programs. It is essential that you make the time to comply with these requirements, or you will be hard pressed to complete all that is required of you in time.
  • It requires you to make a commitment to see it through to the end. We find that making arrangements to comply with things that you do not normally do as soon as possible after entering probation increases the chances of your success. No one likes to run out of time on a big project at work or school, and if you look at probation the same way and plan in advance you will be more likely to be pleased with the end result.

We can help you negotiate probation terms you can stick to, and that you understand. We can also help if you have violated your probation. Call us today to find out more.

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.

Three Differences Between Probation And Community Control

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.

Five Ways To Violate Probation

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.

The Three Most Important Things To Know About Probation

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.

 

Three “Tricks” To Staying On Track During Probation

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.

Two Possible Punishments For Probation Violations, And How To Avoid Them

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.