What Happens At A Probation Violation Hearing In Florida?

Probation HearingIf you have been notified that you need to attend a probation revocation or violation hearing, or if you have reason to believe that your probation may be in jeopardy, you are taking an important first step by researching what this hearing can entail. A probation violation, or even an alleged violation of your probation, can have significant consequences, so it is important to be proactive in learning about the process, advocating for yourself, and seeking legal representation to help keep you out of jail.

What is Probation?

Probation, as you may be aware, is an arrangement that allows you to avoid jail time, or some jail time, by essentially serving your sentence out in the real world under the strict supervision of a probation officer who is assigned to you. The terms of your probation can be decided specifically by the judge, and your probation officer can also add terms or conditions to your probation as they deem them necessary and appropriate. These terms can include things like not possessing a weapon or associating with other felons or specific individuals. They may also require you not to consume any alcohol or drugs and to submit to regular testing.

How Do I Violate My Probation?

There are a number of ways that you can violate your probation. First, you can violate any of the terms of your probation. For instance, your probation officer may find out that you are associating with people whom you are prohibited from interacting with by the terms of your agreement, or you may fail a drug or alcohol test. Many people violate probation by absconding or falling out of communication with their probation officer. You also violate your probation by committing another crime, even if unrelated to the initial one that you are completing probation for.

If you are facing criminal charges in central Florida, do not waste any time. Contact HAWM Law and find out how our lawyers can help protect your freedom.

What Happens if I Violate My Probation or am Accused of Doing So?

You will receive a notice of a probation revocation or violation hearing, or you may simply be placed under arrest. Unlike your initial criminal trial, you cannot be bonded out of jail before your probation hearing. Also unlike your initial criminal trial, you will not be heard in front of a jury, and the prosecution has a much lower threshold that they have to meet in order to establish your guilt. Whereas in your first trial they had to prove that you committed the crime beyond a reasonable doubt, in a probation violation hearing they must only show that it is more likely than not that you violated probation. In this sense, the deck is stacked against you, so legal representation is important. A lawyer may be able to help you reach a plea deal or renegotiate the terms of your probation to avoid or limit jail time.

Talk to HAWM Law

If you require assistance with a probation revocation hearing or other legal issue in Florida, the experienced criminal defense attorneys at HAWM Law are ready to help. Contact us today to schedule a consultation and find out how we can work toward the best possible outcome in your case.

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