Unfortunately, many people currently on probation feel they are at a safe distance from serving jail or prison time. However, they may find themselves behind bars if they violate the terms of their probation. Some of these violations may be obvious, such as committing new crimes. But if you are in the wrong place at the wrong time, miss a curfew or have not paid court costs, you could find yourself in hot water. A Miami criminal lawyer can help you avoid the worst consequences of technical probation violations.
How Are Technical Probation Violations Viewed and Treated?
When a court decides to put someone on probation, they have determined that the person does not yet deserve a jail sentence, as long as the terms of probation are complied with. However, a violation of these requirements may cause the court to change their mind about jail or prison. If the supervisor feels the probation terms have not been met, they will issue a notice of violation with the court. This can happen if there is a new arrest or simply a technical violation. A Miami Probation Violation Attorney can help ease the penalties for technical violations which may include:
- Not paying restitution or court costs
- Not being at a certain place or home by a certain time as established by a curfew
- Testing positive for drug use
These violations are not viewed as simply bending the rules. They can result in the same jail sentence the defendant was facing before probation, but without the same high evidentiary standard or a trial by jury. Another disadvantage is that it is usually pretty simple to prove a probation violation has occurred. In some cases, a technical violation of probation may mean being held without bond. A criminal defense lawyer may be able to argue that a bond should be set.
How an Attorney Can Help if There Has Been a Technical Probation Violation?
A Miami Probation Violation Attorney may use the strategy of trying to prove that the violation was not material or serious rather than attempting to establish that it didn’t happen. If you seek the services of a Miami criminal law firm soon after the violation has been discovered, you may be able to have a bond set, have the court allow you to use an ankle monitor, or perhaps secure other release options. Transparency and cooperation with authorities, particularly if you have a seasoned lawyer on your side, may lessen the penalty for technical violations of probation.
We handle a variety of criminal law cases, so call us now if you have any questions.
View more contact information here: Miami Probation Violation Attorney.