Miami Probation Violation

You are here: Home » Miami Probation Violation

Introduction to Miami Probation Violation

A Probation Violation is a serious offense that occurs when a probationer breaks the conditions of the probation ordered by a court; which could result in a revocation of the probation and a number of severe penalties, such as time in jail among others. Although offenders serve the sentence in freedom they will have to fulfill certain obligations under certain conditions. The conditions are determined by a variety of factors including seriousness of the violation, whether there are prior violations, offender's criminal history and others.

Along with the conditions you are given, there are also limitations that may include not to be permitted to move, change employment, or leave the state without permission from your probation officer. Your probation officer is the officer assigned by the judge to your case when you were first sentenced.


Because your probation officer should prove that you indeed violated the probation, you have the opportunity to fight your charges and prevent the consequences of a probation violation. That is why it is eminent to have an experienced legal representation at court.

When a probation of Violation occurs?

Probation Violations can be either technical or substantive, Which are both considered the continuation of the original criminal case.

  • The Technical Violation occurs when the offender breaks any of the rules the court has set for the probation. Examples of the technical violation includes but not limited to fail to attend a meeting with the probation officer, test positive for drugs or alcohol, fail to pay fines or file a monthly probation report, as well as, abandon the county or state without prior approval.
  • The Substantive Violation of Probation is when the offender has been charged with a new criminal violation and has been arrested.

The Probation officer usually handles technical violations. For the first violation or a minor one, the probationer may get a warning. For a serious repeat violation, your probation officer may report you to court. A judge there will determine if the probationer has really committed violation and will set the sanction. Miami Probation Violation can bring about serious consequences, including time in prison.

Probation violation consequences in Florida

The consequences of violating probation are determined by the severity of the violation, as well as the history of probation violations and recommendation from the probation officer.

In the event you have been found guilty after a hearing, you may find yourself confronting revocation of probation, increase in the length of your probation, demand of additional probation terms, time in jail, and/or payment of a fine.

Probation violation hearing, Legal Rights

It is very important you know your legal rights to eliminate any additional penalties or consequences when you are facing Probation Violation.

First, you have the right to receive a written copy of the believed violations against you. Second, you must be heard by a neutral judge in Court. Third, you have the right of an attorney representation and present evidence to support the case. Lastly, you have the right to discredit evidence against you.

If you or a family member is facing probation violation charges, contact a criminal defense attorney to discuss your options and get informed of your rights.

Criminal Records

Performing a criminal search, allows verifying if there have been any felony, misdemeanor, and sex offender records.
There are different entities and organizations that can access to your criminal records. They are:

  • State Agencies: Police Department, Department of Justice, the military and authorized people.
  • National Driver Register (NDR): The information about the driver's license status, its stored in database software. This permits the agents to know if a license has been suspended or revoked, or if the driver has been convicted of serious traffic violations, etc.
  • Yourself: Though you know exactly the crimes you have committed, in case you feel curious about what exactly appears in your criminal record, you may request a copy of it.

The most common uses of the criminal record are, when buying a home, studying at a University, adopting a child, purchasing weapons, applying for a visa to travel to another country and others.

Violation of Probation for DUI

Once a probationer has violated probation, the court often takes a different approach to sentencing. If an individual has been convicted of a DUI and sentenced to probation there are regulations he/she must follow in order to comply with the probation. Here are some of the most common rules of probation:

  • Random tests for alcohol or drugs
  • Limited or no driving privileges
  • Counseling
  • Court fees

If any of these rules is violated, the offender will definitely have additional court costs and there will be consequences of the new charge. The judge will give the maximum sentence since the offender did not learn from the first sentence. That is why is very important to contact a qualified attorney for defense assistance.

Sexual Offenses

Sexual Offense causes another person to engage in an unwanted sexual act using force or threat, such as rape, sodomy and sexual abuse. The laws in regards to Sexual Offense vary by state. In favor of notifying the local authorities of the sexual offender's residences, there is a registered sex offender record so the public may have access to information about them.

Parole

It is called PAROLE to a provisional release of a person who has spent his time in jail or at least part of it. This kind of freedom is going to allow the person to live in the community but always supervised during a trial period. The decision to grant parole is the responsibility of the correctional board of parole. If violated, the consequences are very serious because the defendant has to return to prison and may have to stay at least one year in the county jail.

In most states, whether an inmate is paroled is determined by different factors. While in prison, the inmate must follow conditions, such as regularly meet with the parole officer, keeping from doing drugs or consuming alcohol and others.

Importance of Effective Defense for Miami Probation Violation

Violating probation is a serious offense and is heavily judged. It could result in time in prison, frequently with no prior warning if a bench warrant is issued depending on the severity of the crime and the sentence given. That is why, it is very important to talk to a criminal defense attorney to work with the judge in your behalf.

A lawyer is the person who has the knowledge required to negotiate a better deal. If you are involved in a probation violation in any way, the best step you can take is to contact the attorneys at Gallardo Law Firm, for a full consultation.

Gallardo Law Firm and the miami probation violation lawyer

Probation violation attorney in Miami

Gallardo Law Firm has an office located in Miami. They have tried several cases of violation of probation in Florida and have been met with professionalism and efficiency. The attorneys at Gallardo Law Firm have the Knowledge required to establish a good defense strategy in a case of violation of probation, also in cases of arrest for DUI.

You can contact the Gallardo Law Firm when facing probation violation, the team of attorneys is prepared to protect your rights and freedom, regardless of the seriousness of the charges. It is critical to act rapidly in order to obtain legal counsel from a criminal defense attorney.


Defense for Miami Probation Violation

Frequently ask questions and answers about Miami Probation Violation

Your will be immediately revoked and you will be remanded to jail.
It depends whether you are on misdemeanor probation or felony probation.
First of all, you need to provide the probation officer with details of the emergency and verification of the trip as soon as possible. Then, you must look for approval. If you are in good standing, the decision may be favorable for you before and after the fact.
You attend a hearing when you are charged with a violation of process giving you the opportunity to be heard. You may represent yourself or be represented by an attorney. The District Attorney representing the State and the probation officer and any witness will present the case. The Defense attorney has the right to examine the evidences and present witnesses. After both parties preset their cases, the judge will decide whether there has been a probation violation or not. If the judge has found the defendant has violated probation then the sentence will be given.
Violation of probation may lead to revocation of probation to prison. The judge may sentence the defendant to serve up to twelve months in the county jail, up to six months in the Probation Detention Center. In addition, the court may order the defendant to follow special conditions such as counseling programs and so forth.
You have a probation officer assigned who you should contact and report any change in job status or place for living, and request permission to travel out of the state. You should follow all the instructions to report. In the event you fail to comply, your case will be returned to court for a violation hearing.
You need to transfer your supervision to the state you are moving. The officer will give you permission and explain requirements for the relocation of your probation supervision to the new state.