Probation Violation Lawyer in Lakeland

Fighting to Keep Our Clients on the Right Side of the Law

America has far too many people behind bars. Even though some countries have a much higher population than ours, we still have more incarcerated individuals than anywhere else in the world. In truth, this problem would be even worse without the availability of probation sentencing.

Our system allows those convicted of a crime to serve their time outside of jail by serving probation, also called community control, for a specified time. However, many issues can result in this privilege being revoked. If you are in danger of being violated, contact a probation violation lawyer in Lakeland today.

At DeMichael Law, we have seen far too many people railroaded with violation of probation (VOP) charges. Due to alleged violations, you could end up in jail for claims that cannot be proven beyond a reasonable doubt.

Facing probation violation allegations can be heartbreaking, considering the extreme consequences of incarceration. If you have violated your probation for the original crime or are facing a new offense, you must hire an attorney to try and avoid a conviction.

To protect your legal rights and freedom, contact our Polk County law firm to schedule a free, confidential consultation immediately. At DeMichael Law, our Lakeland probation violation attorney will help you understand your options and how to move forward.

How Does Probation Work in Florida?

Under Florida law, probation is an alternative to incarceration. If a person pleads guilty or “no contest,” admits to the facts of a crime, or is found guilty in a court of law, a judge may sentence them to probation. Probation is often ordered in place of a jail sentence, but it is also possible that a person will be sentenced to a pre-defined term in jail followed by a stint of probation. In all these situations, an individual must abide by specific provisions to avoid finishing their sentence behind bars.

Probation provisions can vary dramatically, case by case. These terms typically depend on the offense a person is charged with and their case’s unique circumstances. Being placed on probation typically requires a person to report monthly to a probation officer (PO), but many other provisions are also possible. Other legal provisions typically include maintaining employment, taking random drug tests, prohibiting firearm possession, staying away from certain people, or any other provision outlined by the court. If a person is accused of violating probation, they could be sentenced to jail.

Florida probation officers act in the same capacity as the police and can arrest probationers without a warrant if they believe they have committed a probation violation.

What Probation Violations Can Lead to Arrest?

It is important to realize that any probation violation can lead to arrest. That being the case, it is essential that you speak with a Lakeland probation violation attorney even if you think you may be violated.

Once you are accused of something and a violation is reported, the wheels of the justice system are already in motion. Having your probation revoked can lead to severe consequences, including being sentenced to jail or prison time, so it is important to understand the potential violations you could be charged with and what you can do to safeguard your freedom.

Technical Violation

A technical probation violation can occur if you fail to comply with the terms of your probation. A technical violation does not involve the commission of a new crime. For instance, you may have missed a scheduled meeting with your probation officer. Or you lost your job and are now unemployed and unable to pay restitution and monthly supervision fees. People also often experience technical violations when they do not attend mandatory counseling or have positive drug tests. Your probation officer will typically issue a notice to appear rather than a warrant, but this is not always the case.

Substantive Violation

A substantive violation occurs when a person is suspected of committing a new crime. Anyone serving probation should note that probation violations do not require a conviction or arrest. If your probation officer suspects you have engaged in criminal activity, they can file paperwork with the court to issue a warrant. At that point, they need only prove by a preponderance of evidence that you did something wrong. The legal standards for probation violations are far lower than those of reasonable doubt, so it is imperative for you to have a probation violation attorney in Lakeland on your side.

If you fear that you may be facing a probation violation, contact our Polk County defense attorney to schedule a free consultation. DeMichael Law has a proven record of helping individuals achieve positive outcomes for cases and would be honored to assist you.

Should You Visit Your Probation Officer After a Violation?

If your probation officer contacts you, it is imperative that you act quickly. For a technical violation, you may need to do nothing more than explain yourself and correct the issue. For example, if you missed a scheduled meeting, contact your probation officer, and explain why you missed an appointment.

However, what if you fail a drug test or you are suspected of committing a new offense? For instance, suppose an individual is a convicted sexual predator and obtains new felony charges. In that case, visiting the PO will likely result in an arrest.

Once a violation of probation has been reported, the officer overseeing the case typically cannot change anything. At this point, it is out of their hands and up to the court. That being the case, you must consult a probation violation lawyer in Lakeland before doing anything. A legal professional may be able to help you avoid having your probation revoked. In cases where this is impossible, an experienced criminal defense lawyer can help you turn yourself in and start working on your case.

What Are the Penalties for Violation of Probation in Florida?

You can face severe penalties if a probation violation hearing does not go in your favor. For example, suppose your original charge was a first-degree misdemeanor. If it is determined you violated the terms of your probation, you could face one year of imprisonment and a $1,000 fine. The worst aspect of a probation violation is that it does not matter when it occurred. Even if you only had one day left in your probation sentence, a violation can result in a year behind bars.

Without question, people are often given probation for crimes that are more serious than misdemeanors. If your probation is revoked for a second-degree felony, you could find yourself in prison for up to 15 years. Even if you are not imprisoned for a violation, the courts can impose stiffer penalties and add conditions to your release. Due to such severe consequences, speaking with a Lakeland probation violation lawyer is likely in your best interest.

Why is it in My Best Interest to Hire a Probation Violation Lawyer?

If you are facing a probation violation, you may wonder what an attorney can do to help you. However, hiring an attorney can make the difference between being allowed to continue with your probation or being sentenced to jail or prison time. For example, sentencing guidelines for substantive violations, such as being arrested for drug possession while on probation, typically dictate that offenders be incarcerated.

However, a knowledgeable attorney understands the legal complexities of a probation violation hearing, primarily if the violation stems from a new offense.

Some of the most considerable advantages of hiring a probation violation attorney include:

• Thoroughly assess the evidence the state has against you to determine if a violation actually took place
• Create effective defense strategies that will help build a solid case on your behalf and challenge the state’s argument that you intentionally violated your probation
• Present evidence and witness testimony that substantiates your defense
• Negotiate with the prosecution to try to have the charges dismissed or reduced so you are not subjected to additional penalties. Your attorney may also request that your probation be extended, be placed on house arrest, or that you be allowed to participate in community service

If your probation violation hearing involves a new criminal act or severe violations, you must have an experienced criminal defense lawyer working hard to protect your rights and freedom. Contact DeMichael Law today to schedule a consultation to learn more about our legal services.

What Makes Your Probation Violation Lawyer Stand Out Over Others?

In a perfect world, the state and your probation officer would be committed to helping you stay out of jail. Unfortunately, this typically is not the case. Offenders are usually granted probation to avoid overpopulation in jails rather than it being a result of the goodwill of state prosecutors. That being the case, it is easy to find yourself accused of a violation, even when the claims against you cannot be proven beyond a reasonable doubt. Fortunately, you do not have to face these challenges on your own.

At DeMichael Law, we are committed to helping our clients stay out of jail. Even short periods behind bars can result in lost jobs, family law issues, difficulties at school, and various other legal problems/ Therefore; you must never forget that you are entitled to legal representation in criminal trials and probation hearings. Because the stakes are so high, do not risk your freedom by handling a probation violation hearing without skilled legal representation.

Our law firm has extensive experience handling technical and more severe violations that could easily result in prison time. Call our Polk County law office today at (863) 216-1831 to schedule your initial consultation.