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Criminal Defense Lawyer in Orlando, FL

Probation Violations Lawyer in Orlando, FL


Probation is a sentence that is often given as an alternative to jail or prison time. It is a court-ordered supervision period during which an individual is required to follow certain conditions, such as paying fines, performing community service, or abstaining from drugs or alcohol. Probation is meant to be a rehabilitation tool that allows the individual to maintain their freedom while they work towards becoming a productive member of society. However, if an individual violates the conditions of their probation, they may face serious consequences. In Florida, probation violations can result in the individual being arrested and returned to jail or prison to serve the remainder of their sentence. 


Kinds of Probation Violations 


The first step in addressing a probation violation is determining what type of violation has occurred. There are two types of probation violations in Florida: technical violations and substantive violations. Technical violations are minor infractions of the conditions of probation, such as failing to report to a probation officer, failing a drug test, or missing a meeting with a probation officer. These violations do not involve the commission of a new crime. Substantive violations are more severe and involve the commission of a new crime while on probation. For example, if an individual on probation for a drug offense is arrested for drug possession, they would be considered to have committed a substantive violation. Common probation violations include:


  • Failing to report for a meeting with your probation officer.
  • Failing a random drug test.
  • Committing a crime while on probation. 


Once the type of violation has been determined, the individual will face a hearing to determine if they have violated the terms of their probation. At the hearing, the individual will have the opportunity to present evidence and argue their case. If the judge finds that the individual has violated their probation, they will then decide what the appropriate punishment should be. 


Consequences of Probation Violations 


In Florida, the consequences for a probation violation can include additional fines, community service, increased probation supervision, or being returned to jail or prison to serve out the remainder of their sentence. The judge will consider several factors when determining the appropriate punishment, including the severity of the violation, the individual’s criminal history, and their willingness to comply with the conditions of their probation. 


Defenses to Probation Violations 


If an individual is facing a probation violation hearing, it is important to seek the guidance of an experienced criminal defense attorney. An attorney can help the individual understand their rights and the charges against them, and can also work to negotiate a favorable outcome for their client. In some cases, an attorney may be able to argue that the individual did not actually violate their probation, or that the violation was minor and not deserving of serious consequences. An attorney may also be able to negotiate a reduced sentence or a modification of the conditions of probation to avoid jail time. 


It is also important to note that, in Florida, there is a statute of limitations for probation violations. This means that, after a certain amount of time has passed, the individual can no longer be punished for violating their probation. The length of the statute of limitations depends on the type of violation and the individual’s criminal history. 


Consult an Experienced Attorney to Prevent Consequences for a Probation Violation 


Probation violations can result in severe penalties for individuals in Florida. If you or someone you know has violated the conditions of their probation, it is essential to seek the guidance of an experienced criminal defense attorney. An attorney can help the individual understand their rights and the charges against them and can also work to negotiate a favorable outcome for their client. The lawyers at Hanlon Law are knowledgeable about the fallout of a probation violation and can make the difference between your freedom and years in prison. Contact our attorneys immediately if your probation officer has indicated that you are in violation of one of the terms of your probation. We will investigate the alleged infringement to form a strong defense in your favor. 


If you want to learn more about the consequences and defenses to probation violations in Florida,
contact Hanlon Law to schedule a consultation to discuss your charges and hire an Orlando-based drug criminal defense attorney today.

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