orlando violation of probation defense attorney

A Violation of Probation (VOP) in Florida is a serious legal matter that can lead to immediate incarceration without bond, even if the alleged violation is something as simple as missing an appointment. When a person is placed on probation, community control, or another form of court supervision, they are required to comply with strict rules imposed by the court. If the State, their probation officer, or even the Judge alleges that they violated your probation in a willful and substantial manner, the court can issue a warrant for their arrest, hold them without bond, and sentence them to anything up to the maximum penalty allowed for their original offense. In many cases, a probation violation can end up with a more severe sentence than the original offense itself.

What happens in a violation of probation?

Unlike the original charge, the prosecutor is not required to prove a violation of probation “beyond a reasonable doubt.” Instead, the prosecutor only needs to show that it is “more likely than not” that the accused committed the violation and that it was a willful and substantial violation. This can be particularly complicated when the violation is a new law violation. For one, any guilty or no contest plea to the new law violation is essentially an admission to the probation violation. For another, even if the state cannot prove the new law violation beyond a reasonable doubt, they may be able to meet the much lower burden of proof in a violation of probation. Because of the complexities of a violation of probation, it is essential that a person accused of violating their probation engage with an experienced criminal defense attorney who knows how to navigate these issues.

defenses to a violation of probation

Not every alleged violation of probation results in a revocation of probation and a jail sentence. In some cases, the violation may be entirely defensible. For example, marijuana consumption from prior to a plea may still be present in a urine test for up to 30 days. An experienced defense attorney may be able to defend such a violation by arguing that the State cannot prove that the consumption took place after the accused was placed on probation. In other cases, zealous advocacy may be the better route to avoid severe penalties and argue for a reinstatement of probation. If the accused was on probation for a qualifying offense or committed a qualifying offense, they may be classified as a violent felony offender of special concern, which has a severe impact on how a probation violation is handled because a Judge may be required to revoke probation and sentence the accused to prison if they find that the accused is a danger to the community. Having an experienced criminal defense attorney on the case can make a major difference in the outcome.

CENTRAL FLORIDA JUSTICE CAN HELP

Central Florida Justice founder Ben Baxter is a former prosecutor and Orlando criminal defense attorney with over a decade of experience in criminal law. He understands how probation violation cases are handled in Florida and he knows how to challenge the allegations, present mitigating evidence, and fight for reinstatement, modification, or the best possible resolution.

Ben also understands that the attorney-client relationship must be built on a foundation of trust and empathy. Every Central Florida Justice client has the ability to contact their attorney directly by phone, text, or email. And every client has access to the Central Florida Justice client portal, which provides instant access to evidence in their case, notes from the attorney, court dates, and more.

If you or someone you know has been accused of violating probation or community control, contact Central Florida Justice today for a free consultation or call/text (407) 561-1776 to speak directly with attorney Ben Baxter.