Melbourne Probation Violation Lawyer
Florida Statute of Limitations Probation Violation
Individuals run the risk of having their probation revoked if they are accused of any violation of the terms of their probation. The criminal defense attorney at the Law Offices of Bryan J. McCarthy is experienced in fighting any violation of probation case in Brevard County and the surrounding counties.
Our criminal defense attorney in Melbourne, FL, is knowledgeable at representing clients accused of probation violation or violation of probation (VOP) for either a misdemeanor or a felony.
Knowing the particular procedures favored by the prosecutors that handle these cases, as well as the judges that will decide the probation violation case, can make all the difference.
Put Experience & Persistence on Your Side
We work hard to show the prosecutor and the court that you are more than another violation of probation case to be resolved. By understanding the particular facts and circumstances of your case, judges and prosecutors often become more willing to give your case careful consideration for reinstatement so that you can have another chance to complete the terms of probation.
If you are accused of violating your felony or misdemeanor probation, then contact an experienced criminal defense attorney at the Law Offices of Bryan J. McCarthy in Melbourne. Call (321) 248-7742.
Violation of Probation Cases Moves Quickly
In Florida, judges rapidly place arrest warrants for probation violators. There is no statute of limitations for violating probation. If you are arrested you will be taking into county jail. Often, individuals charged with probation violations are held without bond until their case is resolved.
Our clients need an attorney to drop everything and find a way to resolve the violation of probation case under the best terms possible. Unlike other types of criminal charges, those accused of violation of probation do not have a right to a trial by a jury. While new charges must be proven beyond all reasonable doubt, VOP accusations need only be proven by a slight preponderance of the evidence which is a much lower burden of proof.
Sentencing for Violation of Probation Charges in Florida
Probation violators who are found guilty will more than likely receive additional conditions added to their probation terms. The probation period may be lengthened or revoked and offenders could face time in jail or imprisonment. Violation of probation is a different offense than a criminal offense, since offenders may have previously been sentenced with probation. It is imperative to understand that you do not have as much protection than being charged with a new criminal offense.
The following are examples of Violation of probation prosecutions:
- No right to jury trial in a violation hearing
- No statute of limitations
- No right to a bond while awaiting a hearing
- Hearsay is permissible against you
- You can be forced to testify against yourself
Types of Probation Violations
Commonly judges are tough on probation violators if they are convicted or charged with another criminal offense while on probation. Our Melbourne criminal defense attorney has been successful at assisting clients to defeat first violation of conditions ordered by a judge including:
- Alcohol Consumption
- Drug tests failure
- Failure to pay fines or restitution
- Failure to attend court-mandated treatment programs
- Failure to contact the probation officer
A probation officer can accuse you of violating your probation. Listed are the following two types of probation violations you can commit:
- Technical violation
- Substantive violations for a new felony or misdemeanor charge
Technical Violation of Probation Florida
A technical violation is a probation violation of either general or special conditions of probation. The following are instances of technical violations:
- Failure to pay court costs or fines
- Changing your address without permission
- Being late to a probation meeting
- Not completing court-ordered classes
- Missing a probation meeting
Substantive Violation of Probation Florida
A substantive violation is a probation violation when the defendant commits a new criminal offense. The Circuit and County Courts throughout Florida have different policies and procedures for executing accusations for violation of probation. The attorney at the Law Offices of Bryan J. McCarthy is skilled at representing clients for technical or substantive violation of probation.
Potential defenses for violations of probation include:
- Insufficient evidence
- Actual innocence
- Full compliance
Potential penalties for violations of probation include:
- Revoking your probation
- Reinstating your probation
- Modifying your probation
When a judge revokes a probation term, it is permissible for the judge to impose the maximum penalty for the charge you were placed on probation for.
The Florida Department of Corrections recognizes several forms of felony probation, including the following:
- Administrative Probation
- Community Control
- Community Control II
- Community Control-Sex Offender
- Drug Offender Probation
- Regular Felony Probation
- Sex Offender Probation
Finding Probation Violation Attorney in Brevard County, FL
Our Brevard County criminal defense attorney is experienced in working with the prosecutors and judges in the particular courtrooms to fight for the best possible results for our clients accused of violation of misdemeanor probation and violation of felony probation.
Whether you are charged with a technical or a new substantive crime, contact us to speak directly with a violation of probation attorney today by calling (321) 248-7742. You can also submit your case details in our online form so that our attorney can call you back to discuss the case.
The Law Offices of Bryan J. McCarthy represents clients for violation of probation in Brevard County, Orange County, Volusia County, Seminole County, Indian River County, or Osceola County.