Have you been accused of violating the terms of your probation in Delray Beach? It is important for you to seek legal representation as soon as possible. The criminal defense attorneys at Bottari & Doyle have experiencing defending clients accused of violating probation in Palm Beach and Broward County. Our firm can provide a complete evaluation of your probation violation case – call (561) 588-2781 to set up a free confidential review today.
Types of Probation in Delray Beach
- Community Control: Community Control is also known as house arrest. A person who is placed on community control cannot leave their house without the permission of their community control officer. The community control officer makes frequent house visits.
- Intensive Supervision Probation: Intensive Supervision Probation is a more restrictive form of probation than regular probation. Only a person who is convicted of a misdemeanor can be placed on Intensive Supervision Probation. The probation officers who supervise these offenders have a lower case load. A person placed on intensive supervision probation may be asked to submit to random drug testing.
- Drug Offender Probation: Drug Offender Probation is reserved for felons. A person placed on this type of probation will have a curfew from 10 P.M. to 6 A.M. Additionally, they will be required to submit to random drug testing
- County probation: County probation is reserved for people who are convicted of misdemeanor offenses. The person must report to probation and turn in monthly blue sheets. The person is required to pay costs of supervision and fulfill any other court ordered obligations.
Violation of Probation in Delray Beach
In Florida, a Violation of Probation results from either a Technical Violation or a Substantive (New Law) Violation. Technical violations include, but are not limited to: failing a drug test, failing to report to probation, failing to pay costs of supervision, failing to pay restitution, and failing to turn in monthly reports. New Law Violations occur when a person is arrested for a new crime while on probation. A person who violates probation is in jeopardy of being sentenced to the maximum sentence for the underlying offense. Additionally, even if the person is acquitted at trial for a new law violation, the prosecutor can still try to violate the person's probation, because the standard of proof is lower.
A violation of probation case is tried differently than a new crime case would be:
- The Prosecutor must prove violation only by a preponderance of the evidence, not beyond a reasonable doubt.
- No right to a bond for a violation of probation.
- Hearsay is admissible.
- You can be forced to testify against yourself regarding technical violations.
- No jury.
If you are facing a probation violation charge, it is important to speak to a criminal defense lawyer and go over your options. There are usually weaknesses in the State's case which may provide a way to get the charges reduced or dismissed altogether.
Probation Violation Case Results
Case: Dan's client was alleged to have violated his probation for not paying his monetary obligations. At the violation of probation hearing, Dan didn't even have to cross-examine the probation officer, because the State did not prove the client had the ability to pay. The violation was subsequently dismissed.
Case: Dan's client was placed on probation for lewd and lascivious conduct. Client transferred his probation to a different state. While on probation, Defendant was arrested and convicted of home invasion robbery. After serving his sentence, client was extradited to Florida for the violation of probation. The issue in this case whether the client should receive credit for the time he spent in custody to apply to his probation violation sentence. Dan successfully got his client two years of credit applied to his probationary sentence, because the client was served with the violation of probation warrant while in custody.
* Disclosure: This is a sample of Probation Violation cases that Dan Bottari has handled. You may not obtain the same results. Each case is factually different from any other case.
Common Defenses to Violation of Probation in Delray Beach
The most common defenses to Violation of Probation include but are not limited to:
- Alleged offender denied opportunity for court review of new conditions imposed by parole officer
- Alleged violation occurred after term of probation ended
- Alleged violation was not willful
- Conditions of probation were not legally valid
- Improperly maintained equipment or improperly administered drug tests produced false positive
- Transportation, family, or other personal issues prevented alleged offender from court-mandated meeting or program
Penalties for Violating Probation in Delray Beach
A violation of probation can result in the following penalties:
- Reinstatement to probation
- Revoke and Terminate probation with a likely jail or prison sentence.
- Modify probation to include additional conditions.
However, a warrant for your arrest for a violation of probation is not the same thing as a judge finding that you substantially and willfully violated probation. Any person who is accused of violating probation has the right to an evidentiary hearing. At an evidentiary hearing, the prosecutor must prove by a preponderance of the evidence that you substantially and willfully violated probation. The judge, not a jury, after hearing all of the evidence determines whether the state proved their case.
A person arrested for a violation of probation may be sentenced up to the following maximum sentences depending on the classification of the underlying charge:
- 2nd degree misdemeanor: 60 days in jail
- 1st degree misdemeanor: 1 year in jail
- 3rd degree felony: 5 years in prison
- 2nd degree felony: 15 years in prison
- 1st degree felony: 30 years in prison
Contact a Probation Violation Lawyer near me
If you have been accused of Violating your Probation or Violating Community Control in Palm Beach or Broward County, contact the Delray Beach probation lawyers from Bottari & Doyle at 561-588-2781 for a free case review.
