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.
Probation Violation: An Overview
A violation occurs when a client 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 an Affidavit of Violation 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. These 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 it, 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 an experienced attorney to represent you at the hearing. In these 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 your probation could be reinstated or that you could get a stricter form of supervision. But in cases where a new crime was committed, you will usually serve some time for the underlying crime. Again, this is where you need an experienced lawyer to help you seek a fairer outcome.
Lawyer Antonio G. Jimenez has extensive experience dealing with probation violation cases in Miami, and he offers complete preparation and representation to his clients in need.
As a former prosecutor in Miami, Mr. 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 supervision being terminated upon their release – all more welcoming sentencing outcomes. He has earned a sterling reputation for aggressive and effective defense of his clients. There are countless creative ways of resolving violations in Miami, and he offers uncommon skill throughout the process.
If you or someone you know is facing a violation of probation, contact attorney Antonio Jimenez for an assessment of your case.