I Was Arrested For Violating Probation; Now What?
Written by Moses & Rooth on February 24, 2015
There are many reasons someone can be arrested for violating probation. It’s important if you have been arrested for a probation violation that you seek legal representation immediately. If you have been arrested for a probation violation, the experienced probation violation defense attorneys at Moses and Rooth can help you avoid further jail time.
Ways to Violate Parole
Under Florida Statute 948.03, the court will determine the terms and conditions of parole. There are many ways a person can violate their parole. Parole violations include:
- Missing a required court date;
- Missing a meeting with a probation officer;
- Not paying a fine or restitution ordered by the court;
- Having contact with certain people or places;
- Traveling out of state without prior consent by a probation officer or the court;
- Not adhering to the restrictions of home arrest or an ankle monitor;
- Failing a drug test;
- Missing ordered community service; or
- Committing a new misdemeanor or felony.
What Will Happen if Arrested for a Probation Violation?
Under Florida Statute 948.06, if a violation of probation is filed, a trial judge can issue a warrant for arrest or if a new qualifying crime has not been committed the judge may issue a notice to appear. Once an accused violator is arrested or appears, a bond hearing may be set. It is important to have an experienced probation violation defense attorney at the bond hearing who will fight to keep you out of jail.
Consequences if Found Guilty of Violating Probation
If a person admits to violating probation or a judge determines that probation was violated, the judge may order the probation to be revoked or modified, the violator to be placed in community control, or be given additional sentencing. A judge may order the maximum sentencing allowed under the original crime. An experienced criminal defense attorney can defend you on the new charge and on the parole violation charge.
Defenses to Probation Violations
The prosecutor only has to prove by a preponderance of the evidence that a probation violation has occurred. There are certain violations that may be hard for the prosecutor to prove and that an experienced probation defense attorney can work to dismiss, such as when a person is accused of associating with a person they were ordered to avoid. Probation may be reinstated by the violator agreeing to attend treatment or counseling, such as a drug or alcohol treatment program.
Probation violations can have severe consequences. If found guilty of violating parole you may end up serving the original jail time avoided by probation and may even have to serve additional prison time if convicted of a new crime. If you have been accused of violating parole, contact an experienced probation violation defense attorney at Moses and Rooth to represent you at the bond hearing and to defend you against any probation violation or new criminal charges.