November 22, 2017
Following a misdemeanor or felony conviction, a Florida judge may impose probation instead of—or in addition to—incarceration in a county jail or state prison. However, a probation sentence requires the offender to comply fully with all of the terms of the probation. These conditions usually include some or all of the following:
- Mandatory restitution or fines
- Required community service
- Required gainful employment throughout the term of the probation
- Required abstinence from drugs or alcohol during the term of the probation
- Regular face-to-face meetings with probation officers
- Mandatory wearing of electronic monitoring devices
- Avoiding any additional charges or criminal arrests while on probation
If you have been charged with violating your criminal probation in Florida, you need experienced legal representation on your side throughout your case. The criminal defense lawyers at Khonsari Law Group can review the facts and circumstances surrounding your probation and, if necessary, can provide result-oriented legal representation in the courtroom.
Violating Probation
If you violate your probation, you will be required to attend a Florida violation of probation hearing, also known as a probation revocation hearing, over which a judge will preside. Common examples of probation violations include falling behind on criminal restitution payments or being arrested for a different crime while your probation is still pending. After a probation revocation hearing takes place, a Florida judge makes a determination about whether you violated your probation. In reaching this decision, the judge will consider your criminal record, the seriousness of the probation violation, the timing of the probation, and any recommendations made by your probation officer.
Penalties
After considering the facts and circumstances surrounding the probation violation, a Florida judge may do one of the following:
- Reinstate probation on the same terms and conditions
- Modify probation with new, stricter terms and conditions
- Revoke probation and sentence you to serve the jail time or prison sentence associated with the conviction
Dismissing a Probation Violation in Florida
Sometimes, probation violations are dismissed like other criminal charges in Florida. This may happen in cases where there is a technical problem with an allegation—such as when a report was not filed until after the case expired or when the probationer allegedly violated a condition that was not actually subject to probation.
In other cases, an alleged probation violation may be rolled into a plea negotiation, where the State decides not to go forward on a violation of probation charge in exchange for a defendant’s guilty plea to a new criminal offense.
Finally, in some cases, an individual who previously violated probation may come into compliance—for example, by paying off some monetary arrearage or by completing community service hours.
Contact a St. Petersburg Probation Violation Attorney Today to Discuss Your Case
If you have been charged with violating your criminal probation in the State of Florida, you need experienced legal representation on your side to safeguard all of your legal and constitutional rights. To schedule a free consultation and case evaluation with a St. Petersburg, Florida, probation violation lawyer, please call us today at (727) 269-5300 or contact us online for a free initial consultation.