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Miami Probation Violation Attorney - Florida Probation Lawyer

Violating your probation can lead to a number of difficulties in Florida, which is why you want to work with an experienced Miami probation violation attorney.  Without good representation as you move through the legal system, you could find yourself facing stiffer fines and scant leeway from a hostile court.  Miami probation violation attorney Antonio Jimenez has represented individuals accused of violating their probation for many years, and in that time he has earned a sterling reputation for aggressive and effective defense of his clients.

Probation Violation: An Overview

What is probation violation?  A probation violation occurs when a defendant on probation is either charged with a new crime or commits a technical violation.  Technical violation can mean a number of things, but some common examples include:

  • Failed drug tests
  • Failure to report to the probation officer on time
  • Failure to notify the probation officer of a move to a new home
  • Failure to attend mandatory classes

When such a violation occurs, the probation officer files a Probation Affidavit in court.  A warrant is then issued for the defendant's arrest, and once it is processed and executed, police put the person in jail. 

What Happens Next

When you are on felony probation and violate probation, you are almost always arrested and given NO bond.  In some cases, if your violation is a technical violation, the judge will issue a warrant with a bond attached, but this is rare.  Probation violation cases are different because the prosecutor only has to prove that the violation occurred by presenting a preponderance of the evidence, which is often fairly simple.  Once the case is made, the judge will then re-sentence the person on the original underlying case.

Sentencing and Probation

Let's look at an example of how the original charge and the probation sentencing could work together.  Say you are sentenced to probation on a third degree felony, meaning you are facing five years in prison.  If you get a one (1) year probation sentence but violate that probation, the judge can sentence you to the entire 5-year prison sentence.  In other words, you lose any chance for clemency, and the steeper version of your penalty immediately takes effect.

Get Help with Your Violation

There is no full trial for probation violation, which is why you need a Miami probation violation attorney to help with the hearing.  In probation violation cases, the prosecutor only needs to prove its case before the Judge, who then determines the sentence.  If the violation was minor, it is possible that probation could be reinstated or that the defendant could get a stricter form of probation.  But in cases where a new crime was committed, the person usually serves some time for the underlying crime.  Again, this is where you need an experienced Miami probation violation lawyer to help you seek a fairer outcome.

Experience With Probation Violation

Miami probation violation lawyer Antonio G. Jimenez has extensive experience dealing with probation violations in Miami and throughout Florida, and today he offers complete preparation and representation to his clients in need.  As a former prosecutor in Miami, Antonio G. Jimenez understands how the assistant state attorney thinks when resolving such cases.  He has successfully argued to have clients reinstated back on probation or negotiated a short term of jail, but with the probation being terminated upon their release – all more welcome sentencing outcomes.  There are countless creative ways of resolving probation violations in Miami, and we offer uncommon skill throughout the process. 

If you or someone you know is facing a violation of probation, contact Miami Probation Violation Attorney Antonio G. Jimenez ASAP so that he may speak to the probation officer and the prosecutor, and try to get you back on probation and avoid jail time.