If you have been arrested for a crime and agreed to go on probation to resolve the case against you, your most important job is to stay on course with all of your probationary requirements. The benefit to staying on track with probation is that you get to stay out of jail, and at the end of your probationary term, you will get the benefit of the bargain you made. For most people, the bargain incudes doing certain things while on probation, in exchange for having the charges against you reduced or dropped at the end of your probation. But, this can be much easier said than done, and a good number of people are not successful on their probation. When a misstep takes place, probation can be revoked and the defendant forced to face the full range of punishment for their crime as well as have to defend the violation.
If you are charged with violating your probation, you will need to act fast, if you wish to resolve the violation, as well as the original charges against you, satisfactorily. Here is a short list of where to start, if you are facing a probation violation in Florida:
• Depending on the type of violation, the prosecution will need to prove that you willfully violated one or more of the requirements of your probation. This is your chance to explain what happened to the Court and dispel any notion that you acted intentionally.
• If the violation is that a new crime has been committed, you need to think long and hard about how to handle that case. Since you are already on probation, it may not be possible to enter a plea to the new charge, but if that is a possibility you need to know how a plea can impact the first case.
• Where were you on the probationary timeline? Sometimes probation comes to an end shortly before a “violation” takes place. If your probation has ended, the Court will lack the jurisdiction to hear a claim that it has been violated. Depending on the timing involved in your case, this is always a good issue to address.
We have helped people negotiate favorable probationary terms, and have also helped people who have been charged with violating their probation. Whatever your concerns are about probation, give us a call. We are here to help.
If you have questions about how to handle a probation violation, call our office for answers. Call an experienced criminal defense attorney in Key West. Call us today for help.