Fort Myers Violation of Probation Lawyers
Our Clients’ Best Interests at the Forefront
The term “probation” refers to a specific program of supervision that a court may use to prevent the alleged defendant from enjoying their normal freedoms. During the period of probation, the court will place a Probation Officer to monitor your movements and behavior, examining whether you have been completely following all the restrictions of the court. Community control is another form of probation that is especially harsh, requiring home confinement, stringent curfews, and even electronic bracelets and fences.
Unfortunately, if you have been said to violate any of these court restrictions, even by accident or for cases of emergency, you will face serious consequences involving arrests, dismissals of bonds, or increased serving time or additional penalties. If these painful circumstances are occurring to you, do not wait for them to get more severe. Instead, you need to get in touch with our violation of probation attorneys in Fort Myers. At Aiken & O’Halloran, we are determined to support you in reducing your charges by reexamining and fighting the alleged violations of probation in the first place.
Call us now at (239) 603-6777 to see how our firm can offer you resolution and preservation of your rights.
Defending Violations of Probation
Within the state of Florida, it can be especially difficult to fight violation of probation cases. This is because, unlike normal trials, violation of probation cases require an extremely low standard of proof. Without a warrant, a supervising officer can simply arrest the defendant who has allegedly broken probation conditions at any moment, without listening to hear the defendant’s side of the story, or even demonstrating that the defendant has actually violated probation.
Moreover, those who supposedly break their conditions of probation are not even allowed to have a jury trial in the state of Florida—only a single judge listens and decides the case. What usually happens is that the victim, who may not have even violated probation, did so accidentally, or only barely breached part of a condition, is forced to suffer even more severe consequences.
Types of Violations of Probation
There is more than one form of probation violation, and it is important to know the difference to figure out the best form of defense in either regard.
The primary forms of probation violation include:
- Technical violations: These types of violations occur when the defendant has been unable to attend to their regular meetings with their assigned probation officer, even due to an emergency or accident. These violations also count any inability to attend or complete a class required by the judge, failure to make payment of fines or bills assessed by the court, or even the act of moving or changing one’s address without specific written permission.
- Substantive violations: This type of violation is designated when the defendant is alleged as having committed an additional or new violation, whether a major or minor misdemeanor.
Consequences of Violations of Probation
The results of violations of probation are usually very damaging to the defendant. Often, the judge will not just continue probation or community control conditions but will alter them to be even harsher than before. In many cases, the court might even completely revoke either probation or community control, and instead, give the victim the original severe sentence. This is why it is crucial to reach out to our violation of probation lawyers in Fort Myers as soon as possible.
Contact us now at (239) 603-6777 so that our skilled attorneys at Aiken & O’Halloran can handle any allegations made against you.