Probation can be granted after a period of time in prison, or sentenced by the judge presiding over your case. In either instance, probation is an opportunity to return to a daily routine, albeit with regular check-ins with a probation officer. Violation of this opportunity can mean severe consequences and possibly increased sentencing up to, or in addition to what the initial crime could have been. There are however different kinds of probation violation, and the type of violation determines the potential penalty. Seeking an Orlando criminal defense attorney in response to a probation violation should be a priority regardless of what kind of violation is committed.
Types of Probation Violation
As mentioned, violations can come in different forms, one of which being a Technical Violation of Probation, which is possible under some or all of the following:
- Failure to notify probation officer of address change
- Failure to successfully complete a drug or alcohol program in specified time
- Test positive for alcohol or drugs
- Failure to file a monthly probation report
- Failure to report to probation officer
- Failure to pay required court costs associated with probation
- Leaving the county or state without approval beforehand
- Lying to your probation officer
Any of these cases can result in a violation offense. Depending on the severity of the crime that initiated your probation, you could be in line to have a full sentence added to your punishment.
The other type of violation is the Substantive Violation of Probation, which is typically presented when the probationer is arrested for something different while on probation, or they have been charged with a new criminal violation. While it’s important in either case to hire an Orlando criminal defense attorney, during a Substantive Violation of Probation the need may be greater due to the additional criminal charge.
What Happens Next?
After a probation violation has been charged, the next step is determined by what the probation officer wishes to do. They can issue the probationer a warning, or necessitate appearance in court for a hearing. Having prior violations, warnings, or other considerations will be a large factor in the officer’s choice on sentencing. Should you be required to appear in court for a hearing, defense can be provided to you, as you will be at the whim of a prosecuting attorney. While it is our goal to have you be found innocent of probation violation, in cases where the probationer is found guilty they could see one or more of the following punishments:
- An increase in probation duration
- Additional terms added to probation
- Ordered to a brief stay in jail
- Revoked probation and required remaining time of original sentence spent in prison
As an Orlando criminal defense attorney, my goal is to prevent these sentences at all costs. If you’ve been found to have violated probation, you’re not guaranteed to be penalized. The probation officer could have worked in error, or the charge may not fit the punishment. The last thing you’ll want is to have your sentence duration increased, or your penalties increased.