Probation Violations / Violations of Probation
Criminal Defense Attorney, Roger P. Foley, is available to defend your violation of probation case in Miami-Dade, Broward, Palm Beach and Martin Counties.
Are you having problems with your probation? Have you been recently violated by your probation officer? Have you violated your probation terms? If you answered, “yes” to any of these questions, you should contact our office immediately for a free consultation.
Things you should know about probation:
If your probation is violated the judge can sentence you to jail or prison for the maximum time you were facing on the substantive charge. For example, if you were placed on probation for a 3rd degree felony and you violate your probation then your potentially facing five (5) years in Florida State Prison for the violation. If you were originally charged with a Misdemeanor and received probation and your now in violation then you may receive up to one (1) year in the county jail.
When you or a loved one is facing a violation of probation it is essential that you hire an experienced South Florida Attorney. You need a law firm that provides attorneys in Miami-Dade, Broward, Palm Beach and Martin Counties.
There are many different types of supervision that can be ordered by the court. The Department of Correction supervises a Defendant once he/she is ordered by the Court to be on:
Regular Probation
Drug Offender Probation
Administrative Probation (a.k.a.- Mail-in Probation)
Community Control (a.k.a.- House Arrest)
Sex Offender Probation
Once on probation you are required to be in accordance with terms and conditions of your probation. If you slip up and make a mistake by violating any of the conditions then you are considered to be in violation of your probation.
There are two types of Probation Violations:
1) Substantive Violation of Probation – meaning you have been charged with a new criminal violation. You have been arrested for something new while you are on probation.
2) Technical Violation of Probation - A technical violation is when a probationer either fails to do something that he/she has been ordered to do as part of their probation or he/she does something that was prohibited by probation.
Examples of Technical Violations of Probation:
b) Failed to successfully complete a drug or alcohol program in a specified time period
c) Tested positive for alcohol or drugs
d) Failed to file a monthly probation report
e) Failed to report to your probation officer
f) Failed to pay required court costs or fees associated with probation
g) Probationer left the county or state jurisdiction without prior approval
h) To be untruthful to your probation officer
A violation of Probation is a serious matter that should be handled by an experienced criminal lawyer. Consult an attorney immediately to discuss the legal defenses available in your case. If you admit to probation violation there could be very serious consequences, including jail or prison time. If you or someone you care about is in violation call Mr. Foley immediately.
The Law Office of Roger P. Foley is available to defend violation of probation cases in the following areas:
Martin County Cities/Towns- Probation Attorney available in Arundel, Indiantown, Hobe Sound, Jensen Beach, Jupiter Island, Ocean Breeze Park, Palm City, Sewall's Point, Stuart
Palm Beach County Cities/Towns- Probation Attorneys in Atlantis, Belle Glade, Boca Raton, Boynton Beach, Briny Breezes, Canal Point, Cloud Lake, Delray Beach, Glen Ridge, Golf, Greenacres, Gulf Stream, Haverhill, Highland Beach, Hypoluxo, Juno Beach, Jupiter, Jupiter Inlet Colony, Lake Clarke Shores, Lake Park, Lake Worth, Lantana, Loxahatchee, Manalapan, Mangonia Park, North Palm Beach, Ocean Ridge, Pahokee, Palm Beach, Palm Beach Gardens, Palm Beach Shores, Palm Springs, Riviera Beach, Royal Palm Beach, Sandcut, South Bay, South Palm Beach, Tequesta, Wellington, West Palm Beach
Broward County Cities/Towns- Probation Lawyer defending cases in Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hillsboro Beach, Hollywood, Lauderdale Lakes, Lauderdale-By-The-Sea, Lauderhill, Lazy Lake, Lighthouse Point, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Plantation, Pompano Beach, Port Everglades, Sea Ranch Lakes, Southwest Ranches, Sunrise, Tamarac, Weston, Wilton Manors
Dade County Cities/Towns- Probation Lawyers available in Aventura, Bal Harbour, Bay Harbor Islands, Biscayne Park, Coconut Grove, Coral Gables, Cutler Bay, Doral, El Portal, Florida City, Golden Beach, Goulds, Hialeah, Hieleah Gardens, Homestead, Indian Village, Islandia, Kendall, Key Biscayne, Leisure City, Medley, Miami, Miami Beach, Miami Gardens, Miami Lakes, Miami Shores Village, Miami Springs, North Bay Village, North Miami, North Miami Beach, Opa-Locka, Palmetto Bay, Pinecrest, Pinewood, Princeton, Richmond Heights, South Miami, Sunny Isles Beach, Surfside, Sweetwater, Virginia Gardens, West Miami, Westchester, Westwood Lake
WHAT DO THE FLORIDA STATUTES SAY ABOUT VIOLATIONS OF PROBATIONS? READ FOR YOURSELF.
Florida Statute 948.06 Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.
(1)(a) Whenever within the period of probation or community control there are reasonable grounds to believe that a probationer or offender in community control has violated his or her probation or community control in a material respect, any law enforcement officer who is aware of the probationary or community control status of the probationer or offender in community control or any parole or probation supervisor may arrest or request any county or municipal law enforcement officer to arrest such probationer or offender without warrant wherever found and forthwith return him or her to the court granting such probation or community control.
(b) Any committing trial court judge may issue a warrant, upon the facts being made known to him or her by affidavit of one having knowledge of such facts, for the arrest of the probationer or offender, returnable forthwith before the court granting such probation or community control.
(c) Any parole or probation supervisor, any officer authorized to serve criminal process, or any peace officer of this state is authorized to serve and execute such warrant.
(d) Upon the filing of an affidavit alleging a violation of probation or community control and following issuance of a warrant under s. 901.02, the probationary period is tolled until the court enters a ruling on the violation. Notwithstanding the tolling of probation as provided in this subsection, the court shall retain jurisdiction over the offender for any violation of the conditions of probation or community control that is alleged to have occurred during the tolling period. The probation officer is permitted to continue to supervise any offender who remains available to the officer for supervision until the supervision expires pursuant to the order of probation or community control or until the court revokes or terminates the probation or community control, whichever comes first.
(2)(a) The court, upon the probationer or offender being brought before it, shall advise him or her of such charge of violation and, if such charge is admitted to be true, may forthwith revoke, modify, or continue the probation or community control or place the probationer into a community control program.
(b) If probation or community control is revoked, the court shall adjudge the probationer or offender guilty of the offense charged and proven or admitted, unless he or she has previously been adjudged guilty, and impose any sentence which it might have originally imposed before placing the probationer on probation or the offender into community control.
(c) If such violation of probation or community control is not admitted by the probationer or offender, the court may commit him or her or release him or her with or without bail to await further hearing, or it may dismiss the charge of probation or community control violation.
(d) If such charge is not at that time admitted by the probationer or offender and if it is not dismissed, the court, as soon as may be practicable, shall give the probationer or offender an opportunity to be fully heard on his or her behalf in person or by counsel.
(e) After such hearing, the court may revoke, modify, or continue the probation or community control or place the probationer into community control. If such probation or community control is revoked, the court shall adjudge the probationer or offender guilty of the offense charged and proven or admitted, unless he or she has previously been adjudged guilty, and impose any sentence which it might have originally imposed before placing the probationer or offender on probation or into community control.
(f) Notwithstanding s. 775.082, when a period of probation or community control has been tolled, upon revocation or modification of the probation or community control, the court may impose a sanction with a term that when combined with the amount of supervision served and tolled, exceeds the term permissible pursuant to s. 775.082 for a term up to the amount of the tolled period of supervision.
(g) If the court dismisses an affidavit alleging a violation of probation or community control, the offender's probation or community control shall continue as previously imposed, and the offender shall receive credit for all tolled time against his or her term of probation or community control.
(3) When the court imposes a subsequent term of supervision following a revocation of probation or community control, it shall not provide credit for time served while on probation or community control toward any subsequent term of probation or community control. However, the court may not impose a subsequent term of probation or community control which, when combined with any amount of time served on preceding terms of probation or community control for offenses before the court for sentencing, would exceed the maximum penalty allowable as provided by s. 775.082. No part of the time that the defendant is on probation or in community control shall be considered as any part of the time that he or she shall be sentenced to serve.
(4) Notwithstanding any other provision of this section, a probationer or an offender in community control who is arrested for violating his or her probation or community control in a material respect may be taken before the court in the county or circuit in which the probationer or offender was arrested. That court shall advise him or her of such charge of a violation and, if such charge is admitted, shall cause him or her to be brought before the court which granted the probation or community control. If such violation is not admitted by the probationer or offender, the court may commit him or her or release him or her with or without bail to await further hearing. The court, as soon as is practicable, shall give the probationer or offender an opportunity to be fully heard on his or her behalf in person or by counsel. After such hearing, the court shall make findings of fact and forward the findings to the court which granted the probation or community control and to the probationer or offender or his or her attorney. The findings of fact by the hearing court are binding on the court which granted the probation or community control. Upon the probationer or offender being brought before it, the court which granted the probation or community control may revoke, modify, or continue the probation or community control or may place the probationer into community control as provided in this section.
(5) In any hearing in which the failure of a probationer or offender in community control to pay restitution or the cost of supervision as provided in s. 948.09, as directed, is established by the state, if the probationer or offender asserts his or her inability to pay restitution or the cost of supervision, it is incumbent upon the probationer or offender to prove by clear and convincing evidence that he or she does not have the present resources available to pay restitution or the cost of supervision despite sufficient bona fide efforts legally to acquire the resources to do so. If the probationer or offender cannot pay restitution or the cost of supervision despite sufficient bona fide efforts, the court shall consider alternate measures of punishment other than imprisonment. Only if alternate measures are not adequate to meet the state's interests in punishment and deterrence may the court imprison a probationer or offender in community control who has demonstrated sufficient bona fide efforts to pay restitution or the cost of supervision.
(6) Any parolee in a community control program who has allegedly violated the terms and conditions of such placement is subject to the provisions of ss. 947.22 and 947.23.
(7) Any provision of law to the contrary notwithstanding, whenever probation, community control, or control release, including the probationary, community control portion of a split sentence, is violated and the probation or community control is revoked, the offender, by reason of his or her misconduct, shall be deemed to have forfeited all gain-time or commutation of time for good conduct, as provided by law, earned up to the date of his or her release on probation, community control, or control release. This subsection does not deprive the prisoner of his or her right to gain-time or commutation of time for good conduct, as provided by law, from the date on which the prisoner is returned to prison. However, if a prisoner is sentenced to incarceration following termination from a drug punishment program imposed as a condition of probation, the sentence may include incarceration without the possibility of gain-time or early release for the period of time remaining in his or her treatment program placement term.
