Polk County Violation of Probation Defense Attorney

Strategic Defense for Probation Violation Charges

Regardless of whether you are on misdemeanor or felony probation, you are expected to abide by the terms established by the court. If you fail to adhere to these conditions either by committing a technical or substantive violation, you risk having your probation revoked. Probation revocation could mean you being ordered to serve jail or prison time, depending on the factors involved in the case.

If you have been accused of violating probation or fear that your probation officer is going to violate you, you must seek legal representation immediately. The Law Firm of Gil Colón, Jr. has extensive experience helping clients with probation violation issues. Contact us today to schedule a free consultation to learn about the legal options available.

What is the Difference Between a Technical and Substantive Violation?

Many Polk County residents mistakenly believe that you have to commit a new crime to violate probation. In real terms, an individual can be subject to either a technical or a substantive violation.

Technical Violation

You may face a technical violation of probation for administrative violations, such as failure to pay monthly supervision costs or failure to pass drug tests. Technical violations often result in the court modifying or reinstating probation. Even so, Florida courts take a dim view of individuals who fail multiple drug tests, fail to report, or do not participate in mandatory counseling or treatment programs, all of which could result in incarceration.

Substantive Violation

A substantive violation occurs if you have been accused of committing a new crime, such as a misdemeanor, felony, or criminal traffic offense, while on probation. Crimes such as drug possession, shoplifting, or serious offenses are considered substantive violations and could result in a prison sentence for the original crime and a separate charge for the new criminal act.

What are the Most Common Reasons that Violations Occur?

Although anyone serving probation could be violated for a wide range of technical or substantive violations. There are, however, many that are cited more frequently than others, including:

• Testing positive for alcohol or illegal substances
• Committing a new crime
• Failure to report to the probation officer as scheduled or perform mandatory drug and alcohol tests
• Failure to maintain gainful employment
• Violating your curfew
• Tampering with an ankle monitor
• Failure to complete court-ordered requirements or programs such as community service, drug and alcohol counseling, or anger management
• Leaving the county or state without prior approval
• Failure to pay monthly supervision, restitution, or court costs

Although many of the infractions listed may be considered low-risk violations, they are still taken seriously by the probation office, and you could be taken into custody if you fail to act.

Could I be Sentenced to Jail or Prison Time for Violating Probation?

If you have been violated or fear a violation is coming, your primary concern is whether you could be sentenced to serve time in jail or prison. While Florida courts tend to take a harsh stance on substantive violations, they are often more agreeable to modifying or reinstating those who been accused of technical violations.

Unlike criminal cases, where the state must prove guilt beyond a reasonable doubt, a probation violation requires only that the infraction be established to the “preponderance of the evidence,” which is a significantly lower standard of proof.

If the judge determines that you intentionally violated your probation, you could be ordered to serve the maximum jail time for your original crime under the sentencing guidelines. Even so, a judge may decide to impose stricter conditions if your probation officer recommends that your probation be reinstated.

Nevertheless, in cases where an individual has committed severe violations, the judge is more likely to order that they serve prison time.

Can My Probation Be Reinstated?

Probation can be reinstated after a violation. Whether your probation is reinstated will depend on several factors, such as the severity of the violation, your criminal history, and what the judge deems as appropriate.

Factors that can help your case include whether the violation was technical or non-willful. For example, did you miss an appointment with your probation officer because you were hospitalized, or could not pay restitution or a fine because you were unemployed but looking for work?

Florida law dictates that judges must continue or modify probation for specific low-risk technical violations, provided that you are not a “Violent Felony Offender of Special Concern (VFOSC). A VFOSC is someone on probation for violent offenses such as murder, robbery, or other specific felonies. Strict no-bond requirements apply to any individual labeled a VFOSC who violates their probation.

If you have a strong compliance history or can demonstrate that you have taken measures to correct your mistakes, such as making up community service hours, the judge may look at your case more favorably.

How can a Polk County Probation Violation Lawyer Help Me if I Have Been Violated?

Polk County judges have a low tolerance for probation violations, and depending on the circumstances, you could be facing a lengthy prison term. Securing qualified legal representation immediately after a probation violation is the most effective way to handle the potential penalties the court could impose.

When you hire a probation violation lawyer, their first step will be to examine the evidence and try to negotiate with the prosecution to seek a reduction in penalties. A knowledgeable lawyer can argue that the violation was not a willful act and that your probation should be reinstated. Reinstatement could mean being placed on community control or being allowed to participate in a drug treatment program if the violation involved a failed drug test.

Your lawyer will also represent you at all probation violation hearings to help you avoid jail or prison time. A lawyer can also advocate for your release on your own recognizance (ROR), in which you promise to appear in court, which is often granted for low-risk technical violations.

Regardless of the facts involved in your probation violation case, you cannot afford not to have an experienced attorney on your side who will aggressively defend your legal rights.

What Makes Your Bartow, FL Law Firm the Right Choice to Handle My Probation Matters?

The Law Firm of Gil Colón, Jr. is a Polk County law firm that has a proven reputation for serving the community. Our legal team is dedicated to helping clients facing serious legal challenges, such as probation violations. Our legal professionals recognize that probation violations often result from circumstances beyond our clients’ control or poor choices.

If you are facing alleged violations, the smartest move you can make is to secure qualified legal representation right away. Our law firm is located just two blocks from the Bartow Courthouse, and our attorney, Gil Colón, Jr., is in court daily and maintains strong professional relationships with prosecutors and judges.

Contact our Bartow, FL law office today at 863-622-9602 to schedule a free initial consultation to learn more about how we can assist you. For your convenience, we also offer bilingual services.