Probation Violations

When faced with a probation violation, it is very important to have a lawyer looking out for your best interests. When on probation, your rights are limited. The standard of proof for a violation is less than when charged with an actual crime and the case is presented to a jury. In order to violate your probation, the Court as the fact-finder, has to find that you violated your probation by a preponderance of the evidence. Probation violations range from failing to report, to positive drug tests, to being arrested and charged (need not be convicted of the new offense) with a new crime (which can be a traffic or misdemeanor crime).

The penalties you are facing for a probation violation are the sentencing guidelines from your original case. Whether or not you went to trial or not, or entered a plea of convenience or best interests, the original facts are not at issue, and the only issue is how you violated your probation and what penalty will you receive for the violation.

Don’t delay; let an experienced former prosecutor help protect your good name and reputation. Call today or contact us online for a free confidential consultation.

For more information, see Florida Statute 948.06:  Violation of probation or community control

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Case Results

Case #: 080XXXXXCF10A
Charges: Sexual Performance By A Child (AKA Possession of Child Pornography).
Result: : Probation to lesser charges, therefore, NO Sex Offender Designation and no prison.

Case #: F08XXXX
Charge: Attempted 2nd Degree Murder, Kidnapping, and Grand Theft.
Result: Case Dismissed

Case #: 2008CFXXXXXXXXXX
Charge: Online Solicitation (via Webcam).
Result: Client avoids prison, probation - 2 ½ years, guidelines were 21 months State prison up to 15 years.

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