Jacksonville Probation Violation Attorneys
Dedicated Representation in Duval, Clay, & Nassau Counties
Violations of probation in the state of Florida occur when a criminal defendant willfully and substantially breaks the conditions set forth in the probation sentence. At First Coast Criminal Defense, our experienced Jacksonville probation violation lawyers have defended hundreds of clients in probation violation hearings, and we can represent you in court to seek a favorable outcome.
Violation of Probation Florida
Penalties for probation violations in Florida can be severe. Once probation is revoked, the court may impose the maximum statutory sentence for the original offense. With the knowledgeable and compassionate help of Jacksonville probation violation lawyers from First Coast Criminal Defense, you can get the legal representation you need to understand your options and fight for a positive solution.
Violations of probation may involve:
- Positive drug tests
- Failure to meet with probation officer
- Law violations or new offenses
- Failure to pay required financial obligations
Understanding Florida Probation Laws
In order for a court to find a defendant guilty of violating probation, it must prove that the defendant willfully and substantially violated the terms of the probationary contract. If the violating actions were done out of mental illness, ineptitude, or negligence, the actions in themselves cannot prove that the defendant willfully broke the contract. Our Jacksonville probation violation attorneys have a passion for defending clients’ rights in court and can use their extensive experience to aggressively represent you in probation violation hearings.
The proceedings begin when a supervising officer files an Affidavit of Violation with the court or a Department of Corrections Violation Report in a felony case. Once the necessary documents are filed, the court will review the officer’s allegations, determine if reasonable grounds for the complaint exist, and issue a warrant for the defendant’s arrest, often on a “no bond” status. The court will then arraign the defendant and schedule a hearing, so the prosecution may present evidence to prove that the defendant willfully and substantially violated the terms of probation.
Types of Probation Violations in Florida
When on probation, there are a significant number of rules that must be followed to a tee. Because of this, many individuals accidentally or unavoidably violate their probation. There are two types of violations with very different circumstances.
This type of violation occurs when a condition of probation is broken, such as:
- Missing a court date
- Not paying a fine
- Missing a meeting with a probation officer
- Staying out past curfew
Hundreds of thousands of people are found guilty of these violations each year, putting them at risk of going back to jail for a relatively minor offense. While these are seemingly minor violations, they can still result in serious changes to one’s probation status.
It’s also easy to accidentally violate your probation in one of these ways. If a simple mistake led you to be charged with violating your probation, a Jacksonville probation violation lawyer can help explain this to the court and advocate for understanding and leniency.
This type of violation is more serious. A substantive violation occurs when the individual on probation commits a new crime. For example, getting a DUI while on probation. This type of violation can result in a probation violation charge and a charge for the new offense.