Tallahassee Probation Violation Attorney
When a judge orders probation, they do so to give the offender a chance to correct their ways outside of a prison’s walls. For many criminal offenders, the judge may order probation as a part of or the entirety of an offender’s sentence. When an individual violates probation, they are essentially telling the judge that they are not able to remain within the community as an honest and contributing citizen, and instead need the supervision of prison guards to get their act together. If you or a loved one is in violation of probation, it is important that you seek the help of a Tallahassee probation violation attorney right away.
At Zelman Law, we understand that the provisions of probation can be extremely strict, and that it is easy to violate them without intention. However, the courts do not see this as an excuse, and will be more than willing to send you to jail without allowing you an opportunity to explain yourself. Because of this, it would be in your best interest to hire a Tallahassee probations violation attorney to defend you.
Types of Probation in Florida
In Florida, there are generally four types of probation that a person can be put under:
- Regular Probation: Under regular probation, an offender must obey certain conditions and report to a probation and/or parole officer on a regular basis.
- Administrative Probation: Under administrative probation, the offender must obey certain conditions, but they are not required to report to a probation officer or parole officer.
- Community Control: Under community control probation, the offender is under supervised custody, which may mean that they are restricted in where they can travel. It may also mean that they will be under constant police surveillance.
- Sex Offender Probation: Under sex offender probation, the offender is placed under the strict supervision of an officer and must follow a treatment plan determined by the court.
Recognized Probation Violations
If you were placed on probation as a way to fulfill all or part of your sentence, you have a legal obligation, and an obligation to yourself, to follow all of the provisions of your probation. If you violate even a single provision, your probation officer will determine whether the violation is worthy of a warning, or if it was substantial enough to warrant a probation hearing. If you go to court, a judge will hear your case, and the prosecuting attorney will attempt to show that you violated the conditions of your probation, and in what way. The attorney is not required to prove beyond a reasonable doubt that you did violate the terms; rather, the judge will make their decision based solely upon a “preponderance of the evidence,” meaning that the likelihood that you did violate probation is greater than 50 percent.
In Florida, a person can be guilty of two types of violation:
- Technical Probation Violation: A technical probation violation occurs when an offender violates any of the general or specific conditions of your probation, such as failing to meet with your probation officer or not completing your court-ordered classes.
- Substantive Probation Violation: A substantive probation violation occurs when the defendant commits a new crime while on probation.
Your Defense to Probation Violation in Florida
At Zelman Law, founder and principal attorney Joshua Zelman and his team are available to defend you if you were caught doing something that violated your probation orders. To ensure the best possible outcome at your probation hearing, reach out to our Tallahassee probation violation attorneys at (850) 765-5948 between 8:00 and 5:00 pm, Monday – Friday. If it is after hours, contact us online to reserve your appointment.