Charges for a Violation of probation (VOP) are vastly different when compared to charges for a new crime. Your legal protection will be reduced in the following important ways:
- No right to trial by jury in the violation hearing.
- Hearsay is now considered in evidence against you.
- You may be forced to testify against yourself.
- You are no longer “innocent until proven guilty”
- Removal of your right to bond under Florida’s anti-murder act.
- There will no longer be a statute of limitations.
As can be seen from the list above, it becomes far less difficult for the state to prove a violation if you have violated your probation.
This is not to say that defenses against probation violations aren’t available. With a skilled Fort Lauderdale criminal lawyer from our criminal law firm in Broward, your hope of fighting VOP charges is well met.
Violation of Your Probation
After you are placed on probation, you are advised of the conditions of your probation by the judge or a probation officer. Should you disobey those conditions, you run the risk of having you probation violated.
There are two kinds of probation violations to consider:
- Substantive Violations
- Technical Violations
These occur when an individual commits new criminal offenses while on probation.
This is a violation of any of the general or specific conditions of your probation.
Examples may include:
- Altering your address without permission
- Failing to pay court fines or costs
- Appearing late to a probation meeting
- Failing to complete classes imposed by court order
Substantive Violations of Probation
Substantive violations of probation occur when the person on probation commits a new criminal offense. In these situations, even an acquittal from a previous accusation does not prevent the judge from “proving up” that previous charge. Having the competent guidance of a Fort Lauderdale criminal defense attorney can help prevent this possibility.
Possible Defenses Available
- Full compliance,
- Actual innocence,
- Insufficient evidence to prove violation
Penalties to be faced after a Successful Defense
- Probation may be reinstated
- Probation may be modified
- Probation can be completely revoked
Penalties for Violating Probation
If you violate your probation a judge can do one of three things:
- Reinstate your Probation,
- Modify your Probation, or
- Revoke your Probation.
A knowledgeable Criminal Attorney can create the best possible outcome for you, regardless of the serious nature of your VOP charges.
We handle a variety of criminal law cases, so call us now if you have any questions, (954) 256-1464.
View more contact information here: Criminal Attorney.