Those convicted for a misdemeanor or felony offense may face probation as part of their sentence. Probation is a sanction imposed by the court that allows a person to remain in the community under supervision, with strict restrictions to monitor their actions. The goal of restrictions is to rehabilitate the convicted person while keeping the public safe. Probation can be the sole punishment for a crime, or a judge can sentence it in conjunction with other types of penalties. When a defendant willfully and substantially fails to comply with the term and conditions set forth by the court in a probation sentence, there may be severe legal consequences.
Common Conditions of Probation
As an experienced criminal defense law firm, Myers Law Group, P.A. has an excellent track record of mitigating or dismissing probation violations for our clients. While the court system seeks to penalize offenders aggressively, there are many legitimate reasons for probation violations. Examples are failure to report to court-mandated appointments due to illness, hospitalization, or family emergencies. Failure to pay fines and restitution may be due to indigent status or loss of employment. There may be positive testing of drugs or alcohol when exposed to certain foods or chemicals. An ex-spouse may report a false allegation of violating a no-contact order, hoping to gain control in a divorce proceeding. At the Myers Law Group, P.A., we work diligently to protect your rights and develop a strategy to safeguard your future.
Technical and Substantive Offenses
In Florida, probation violations are categorized as technical or substantive violations. Technical violations are the least serious infractions. These occur when the probationer fails to comply with terms such as missing court-mandated appointments, failure to pay restitution, or non-compliance with a curfew. Substantive violations are the commission of a new crime. The offender will face a new trial for additional charges and may serve the remainder of the original sentence in jail or prison. However, Florida law does allow a judge to issue a bond when there is a pending probation violation.
In Florida, judges can use their discretion to determine an appropriate sentence for offenders that violate probation. The prosecution must provide sufficient evidence that a violation was committed, willfully and substantially, at a hearing. For severe and repeat violations, the court may revoke the offender’s probation status. The offender may be sentenced up to the statutory maximum penalty for the original offense, including incarceration. For less serious violations, the court may modify the terms of probation with stricter conditions, such as extending the probationary period.
Contact Myers Law, P.A. to Build a Better Future
Our legal team is uniquely qualified to build the strong defense you need at a violation of probation hearing. We will present the case in the best possible manner. As a former prosecutor, Attorney Rachel D. Myers has extensive trial experience and knows the nuances of the Florida justice system. With nearly two decades of collective experience, we offer high-quality criminal defense for all misdemeanor and felony offenses.
Contact Myers Law, P.A. at our Deland, Florida office at 386-873-7835 to discuss your case and legal options. We represent clients in Volusia, Seminole, and Orange Counties, Florida. Let us make the law work for you.
I highly recommend Rachel Myers law group. They provide detailed and quality work for all their clients. They were extremely responsive and answered all of the questions we had. Her expertise, professionalism, and timeliness exceeded all expectations. Thank you Rachel!
Very happy with my choice when picking this law firm. Very professional and personal service and would highly recommend to anyone.
They have been so helpful! Have been straight to the point and has taken a lot of weight off my sholders.
Mrs Ebert’s professional, knowledgeable and experienced attitude towards estate planning made the experience easy and enjoyable. I highly recommend her services and I will continue to use her office for legal services.