Probation Violation Lawyers in Melbourne & Titusville
We Provide Probation Violation Legal Services
If you have been accused of violating probation in Melbourne or Titusville, FL, having a skilled criminal defense attorney by your side is crucial. At Onek & Mawn, P.A., we understand the seriousness of probation violations and the potential consequences probation violations can have on your life. Our experienced attorneys have successfully represented clients in probation violation cases, and we are here to help you navigate this complex legal process. We can provide the aggressive defense you need to protect your rights and interests with our expert probation violation lawyers, whether you are facing a technical violation or a new criminal charge.
What Is Probation and How Does it Work?
Probation is a legal sentence in which a person is allowed to remain in the community, under the supervision of a probation officer, instead of being sent to prison. It is an alternative to incarceration and is often given as a punishment for less serious offenses. While on probation, the person is required to follow certain conditions, such as: regularly reporting to their probation officer, completing community service hours, attending counseling or treatment programs, drug testing, and refraining from any further criminal activity.
Violation of Probation in Melbourne & Titusville
In Florida, if your probation officer suspects you have willfully and substantially violated your court-ordered conditions, the officer will submit an Affidavit of Violation and a violation report to the court. The report will contain detailed information about the alleged violation and any evidence to support it. The judge will review the affidavit and determine whether there is probable cause to believe you have violated probation. Assuming such information exists, a warrant will be issued for your arrest, and a hearing set to determine innocence or guilt.
What to Do if You Have Violated Your Probation
If you have violated your probation, the first thing to do is to contact an experienced criminal defense attorney who can guide you through the process. It is essential to take prompt action and not wait until the VOP hearing, as your attorney may be able to negotiate with your probation officer to resolve the issue without going to court. It is also important, to be honest with your attorney and provide all relevant information about the violation, as withholding information can make the situation worse. Your attorney can advise you on what to do next, including whether to turn yourself in, how to post bail if needed, and what to expect at the VOP hearing.
Types of Violation of Probation
Below are some types of probation violations that frequently occur in Florida. While these are some of the common probation violations in Florida, it is important to note that the list is not exhaustive:
- Not paying restitution ordered by the court.
- Moving outside the city, county, or other area designated in the court documents.
- Failing to inform your probation officer about a change in your residency or travel plans outside a specified area.
- Refusing to undergo a drug or alcohol screening test.
- Testing positive for drug or alcohol use during a screening test.
- Failing to complete a court-ordered treatment program.
- Not meeting with your probation officer without a valid excuse or advance notice.
- Being arrested for a new criminal offense.
Probation Violation Consequences
Once the Affidavit of Violation has been submitted and the court hearing is concluded, the judge will make one of three decisions. They may either reinstate your probation, adjust the terms of your probation to include stricter requirements, or revoke your probation, leading to imprisonment. The judge's ruling will be influenced by the State Attorney’s recommendation, the evidence presented at your violation of probation hearing, and the effectiveness of your defense. The repercussions of violating probation in Florida can be significant. It can affect various aspects of your life, such as your freedom, ability to earn a living, personal relationships, and your civil rights.
Contact an Attorney at Onek & Mawn, P.A.
At Onek & Mawn, P.A., we have the experience and knowledge to provide you with the strong defense you need in a probation violation case. We understand the nuances of the legal system and the unique challenges associated with probation violations. Our team of skilled attorneys will work tirelessly to protect your rights and interests and ensure you are treated fairly throughout the legal process. Contact us to schedule a free initial consultation and let us help you fight your probation violation charges.