I violated the terms of my court ordered probation. Can you tell me what might happen next?
If you were given probation as part of a court sentence, the judge who handled your case probably described what your period of probation would be like. He or she likely set forth the rules you needed to follow, such as when to report to your Florida probation office, abstaining from alcoholic beverages and regular drug tests.
The consequences you should expect to face depend on a number of factors, such as the manner in which it was violated, if you have violated parole previously and the seriousness of the violation. Circumstances that may be considered a probation violation include:
If you have violated probation it is possible for any of the following may occur:
Your probation officer maintains a level of autonomy when it comes to determining the appropriate course of action after there is a violation. If this is your first probation violation and it is not a severe matter, his or her reaction may be as simple as a warning without a court appearance. When court can be avoided, the probation officer will warn you regarding the consequences of any future violations.
If there has been a new crime committed, there was previous probation warnings or you did not attend a court appearance, the likelihood of possible jail time increases and a judge will hear the matter. When the judge is considering if you did violate your probation he or she will base a sentencing decision on whether the evidence proves you did violate the terms of probation, as well as the same mitigating circumstances originally considered by your probation officer. If the judge does determine you failed to comply with the terms of your probation, a sentence will follow shortly.
You can be represented by a Tampa defense attorney at a probation violation hearing:
It is important to note that while you may face a sentence as simple as court ordered counseling, the court hearing could result in a revocation of your probation. This potential impact on your life is why you are entitled to representation by a Tampa defense attorney at a probation violation hearing. An experienced attorney can present evidence and ask witnesses to provide testimony on your behalf, or to refute allegations you face. It is true that the burden of proof is on the prosecuting attorney, but there is no reason you should make their job easier by appearing unrepresented in court.
A probation violation is a serious offense, contact the Demosthenous Law Office at 813-857-8237 for a free evaluation of the matter.