Violations of Probation
If you are currently on probation and have been charged with a new crime, or have violated the terms of your probation, a warrant will be signed by the Judge in your case. Many times if you contact our office prior to your arrest on the violation of probation warrant, we can begin to speak with the office of the State attorney. In that regard it may put you in a far better position then if you just ignore your warrant until you get arrested.
There are many nuances associated with a violation of probation (VOP), when it is for a technical violation. A technical violation can include but is not limited to, a urinalysis test that comes back with positive results, failing to report, failure to pay court costs or restitution, failing to follow any specific terms of probation.
The other possible way you can get a violation of probation (VOP) is by committing a new crime. In those cases the State Attorney usually chooses to go forward on your violation prior to the new case you are charged with, as there is a lower burden of proof associated with the violation of probation. If your criminal defense attorney is not experienced in handling these matters he/she can make monumental mistakes that will affect your freedoms and rights.
The attorney you hire can make a difference if he/she is not experienced in conducting violation of probation hearings. A violation of probation hearing is completely different then a trial. There is no jury and the level of proof is far greater at a trial then at a violation of probation hearing. Bradford Cohen has handled violation of probation matters for over 10 years, in both State and Federal Court. Let his experience in the court room and knowledge of the law help you.948.04 Period of probation; duty of probationer; early termination.--
(1) Defendants found guilty of felonies who are placed on probation shall be under supervision not to exceed 2 years unless otherwise specified by the court. No defendant placed on probation pursuant to s. 948.012(1) or s. 948.034 is subject to the probation limitations of this subsection. A defendant who is placed on probation or community control for a violation of chapter 794 or chapter 827 is subject to the maximum level of supervision provided by the supervising agency, and that supervision shall continue through the full term of the court-imposed probation or community control.
(2) Upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed. During the period of probation, the probationer shall perform the terms and conditions of his or her probation.
(3) If the probationer has performed satisfactorily, has not been found in violation of any terms or conditions of supervision, and has met all financial sanctions imposed by the court, including, but not limited to, fines, court costs, and restitution, the Department of Corrections may recommend early termination of probation to the court at any time before the scheduled termination date.
History.--s. 24, ch. 20519, 1941; s. 5, ch. 21775, 1943; s. 10, ch. 74-112; s. 1, ch. 79-77; s. 18, ch. 83-131; s. 3, ch. 83-228; s. 5, ch. 91-280; s. 1, ch. 92-76; s. 5, ch. 93-59; s. 1686, ch. 97-102; s. 31, ch. 2004-373.