For any alleged offender, probation is a more favorable alternative to a prison sentence. Being put on probation allows an individual to still have a semblance of a normal life. For some, it even allows them the opportunity to acquire work, come home to a house, and see their families.
However, there are still restrictions. These restrictions are mandatory and strictly imposed. Violating the conditions of your probation could force a court to revoke your probation. This could also mean severe penalties, which can involve jail time.
If you have violated your probation terms, you will need to attend a probation violation hearing. Even if you had committed the violation unknowingly or accidentally, the strict imposition of these terms could still lead to you losing the hearing.
What Happens Then?
When the officer in charge believes that the probationer has violated probation terms, they will prepare a report and a Notice of Hearing for the probationer to sign. Either that or a Notice of Violation/Violation of Probation Warrant will be sent to the judge. This is prior to your probation violation hearing.
It is critical to already have legal counsel in the early stages. A Miami criminal lawyer can provide additional information on probation conditions. The supervising officer can then include favorable recommendations to the judge along with the violation paperwork being issued. This is prior to a warrant.
These will result in you facing the very same judge who imposed the original sentence. Speaking with an attorney who is familiar with that judge’s violation procedure can guide you through the necessary steps to take. Not all judges handle probation violations the same way.
So, What Can I Do?
If you have recently found yourself accused of violating your probation conditions, you want competent counsel to help you fight the accusation. Fighting the allegations can lessen the impact of your probation violation sentence. It is important to understand that contacting a criminal defense attorney early on is your best bet at contesting a probation violation.
When fighting a probation violation sentence, consult with a criminal attorney in Miami. Being aware of Florida’s Rules of Criminal Procedure can help strengthen your case.
Going through a probation violation hearing can go one of many ways:
- Revocation of probation
- Withdrawal of the violation affidavit
- Increase in the length of your probation
- A demand for additional probation terms
- Time in jail, and/or payment of a fine
How Can I Actually Do This?
Any criminal defense lawyer in Miami will tell you that time is your ally when fighting a probation violation. Often, the longer your attorney has to prepare, and the longer a probation violation goes on for, the better the outcome is for the defendant. This time frame is crucial.
If you or your loved one have recently been accused of violating their probation do not delay in addressing the case. Ignoring a pending probation violation does not look good to the court and could cause severe hardship on the defendant and the defendant’s loved ones.
Consulting with a criminal defense attorney in Miami can guide you in familiarizing with all probation processes. You don’t have to wait until a probation violation warrant is signed by the judge. Contact a criminal defense attorney today to assist you in navigating the criminal justice system.
We handle a variety of criminal law cases, so call us now if you have any questions.
View more contact information here: Miami Criminal Lawyer.