Violation of Probation and House Arrest
— Misdemeanor & Felony Violation of Probation Attorney —
Three Things You Should Know About a Violation of Probation
- A violation of probation is a serious charge and if proven, enables the same judge to impose a new sentence.
- The prosecutor most often asks for a harsher sentence than what was originally imposed.
- Court procedures and sentencing considerations are complex in this area. An experienced violation of probation attorney, along with a coordinated strategy, can often make a big difference in the outcome.
Violation of Probation
— Substantive vs. Technical —
A violations of probation can be broken down into two distinct categories. They are known as either “substantive” or “technical” violations. “Substantive” violations involve an allegation that you were arrested on a new criminal offense while serving probation. “Technical” violations typically represent allegations that you failed to complete one or more of the terms and conditions of your supervision that were originally ordered by the Judge when you were sentenced.
Getting a Continuance to Complete Previously Imposed Conditions
Depending on the circumstances of your violation of probation case, we may be successful in achieving a desirable outcome by acquiring a continuance of our your court date. This will provide time to work on completing previously imposed conditions of their sentence or to pay outstanding financial obligations before appearing before the Pinellas County criminal court judge.
Preparing Our Client for Court
There are other times that we may elect to have a client accomplish tasks that were not previously ordered but might look favorable in the eyes of the court. Obviously, our decision in this regard is often tailor-made to the nature or underlying cause of the violation. However, these might include such things as:
- Undergoing a pyschological or addiction related evaluation
- Acquiring letters of support from employers or family members
- Completing a driver improvement course, shoplifter’s awareness session, anger managment class or victim impact panel
- Having the client undergo a voluntary drug screen
- Securing a bill of sale for their auto or other divested personal item that was related to a problem that may have contributed to the violation
- Relocating their residence so as to avoid further contact with persons who might have encouraged or contributed to our client’s violation
- Securing medical reports
- Having our client perform voluntary community service hours or work within the “Operation Clean ” program
- Enroll in college or a GED preparatory class
Possible Violation of Probation Consequences and Outcomes
Every violation of probation case is different. Some cases might justify your being rewarded with a termination of further supervision. (For instance if it was a technical violation and your attorney showed full compliance with all previous conditions and argued other factors on your behalf.) There are also times that the court can be persuaded to ‘reinstate” or put you back on probation status.
If your violation is of a more substantive nature there are times when an experienced attorney may be able to convince the court to impose an alternative option rather than a county jail or state prison prison sentence.
What can I do to increase my chances for the best possible outcome?
It is best to retain an experienced Pinellas County attorney as soon as you learn that you are in violation or probation revocation status. We can help you deal with a probation violation warrant associated with the proceeding. We can also contact your probation officer and the prosecutor assigned to your case.
Our involvement as your lawyer will entail reviewing your court file to learn the complete history of your case and to secure the affidavit filed by the probation officer in support of the violation. This document will set forth the exact term or terms of your supervision that are alledged to be causing your violation. Most importantly, we can formulate our strategy and have you begin accomplishing tasks that we believe may postively affect the Judge’s ultimate decision.
Call us for a free consultation at either our St. Petersburg or Clearwater office locations at: (727) 578-0303