Violation of Probation Defense

A violation of probation may be alleged if you are accused of violating the technical (or administrative) terms of your probation or if you are accused of committing a new crime.

A Technical Violation of Probation involves failure to adhere to the administrative or special conditions of probation such as:

• Failing to Report a change of address;
• Missing mandatory meetings with their probation officer;
• Failure to pay court costs; or
• Failing to complete court ordered classes or programs.

A Substantive Violation of Probation involves committing or being directly associated with a new crime or criminal act. If you are currently serving a period of court ordered probation and the violation of your probation was the act of committing a new crime, even if you are found “not guilty” of the new alleged crime, the court has the authority to revoke your probation and reinstate the original conviction and sentencing guidelines. Unlike your original trial, in a violation of probation hearing, the prosecution must only prove that a “preponderance of the evidence” existed.

After hearing the arguments at the probation hearing, the court will render a decision regarding if the accused violated the terms of his/her probation. If the court finds that a violation of probation has occurred, it has the authority to either give the probation violator a warning or to revoke the probation.

If the probation is revoked, the judge will use the sentencing guidelines for the crime the individual was originally convicted of to impose punishment just as at the end of a trial.

If you have been accused of violating the terms of your probation, seek the legal advice and representation of an experienced violation of probation defense attorney. At The Law Offices of Peter A. Shapiro & Jonathan D. Wilson, you will work with an experienced lawyer who is dedicated to protecting the rights of individuals accused of a probation violation throughout the Central Florida area and its surrounding counties.

Call 407.420.1044 to discuss your legal rights, options, and potential violation of probation defense strategies. You may also contact us by filling out our online case evaluation form.