Defense Attorney for Probation Violations in Florida

Although probation may be a favorable alternative to jail time, violating probation can lead to very severe consequences. Penalties may include extended probation, stiff fines, or imprisonment. If you are facing a probation violation charge in Florida, it is crucial to understand your legal options. Our probation violation lawyer in Orlando can explain your options and work diligently to help you avoid harsh penalties and protect your future.

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How Does Probation Work in Florida?

Probation is a court-ordered sentence that allows a defendant to remain in the community under specific terms and conditions. It is typically granted when the court believes rehabilitation is possible without incarceration. However, probation comes with conditions that must be followed strictly. These are some standard terms of probation:

  • Attending regular meetings with a probation officer
  • Avoiding any additional legal trouble
  • Paying court-ordered fines or restitution
  • Undergoing drug or alcohol testing
  • Attending counseling or rehab programs
  • Completing court-ordered community service

How Does Florida Classify Probation Violations?

In Florida, probation violations fall into either of the following two categories:

Technical Violations

When a defendant fails to meet one or more conditions of probation without committing a new crime, a technical violation occurs. Examples include failing to complete community service hours, failing to pay fines or restitution, testing positive for drugs, or missing a meeting with a probation officer.

Substantive Violations

When a person on probation commits a new criminal offense, it is a substantive violation. This is a more serious probation violation, generally resulting in harsher penalties.

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What Happens When a Probation Violation Occurs?

For an alleged probation violation, the probation officer files an affidavit with the court detailing what occurred. The judge issues a probation violation warrant, requiring the defendant to appear in court or, in some cases, resulting in immediate arrest. The judge reviews the evidence in a subsequent probation violation hearing. The burden of proof is lower for probation violations. The prosecution only needs to show by a preponderance of the evidence (meaning it is more likely than not) that the defendant violated probation. It is essential to have a skilled criminal defense attorney on your side.

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What Are the Common Defenses for Probation Violations?

Our probation violation attorneys in Orlando have successfully defended clients using defense strategies including the following:

  • Lack of willful violation: We can argue that your actions were unintentional if you missed a meeting with your probation officer or failed to complete community service due to circumstances beyond your control.
  • Insufficient evidence: We can thoroughly examine the prosecution’s evidence for any inconsistencies, gaps, or lack of clear proof to show that the alleged violation did not occur.
  • Rights violations: If your constitutional rights were violated during the probation process, it could help us get the charges reduced or dismissed.
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How Can Our Criminal Defense Attorneys Help?

Do not face probation violation charges alone. Our defense team includes our founder, well-known criminal attorney Mark O’Mara, who is board-certified in criminal law and has over 40 years of experience. We know the law and what defenses are available, whether substantive or procedural. We can help in the following ways:

  • Evaluating your case for any weaknesses in the evidence against you
  • Negotiating with the prosecutor to have the charges reduced or dismissed
  • Presenting a persuasive defense in court by challenging the evidence and working to persuade the judge to consider leniency
  • Advocating for fair outcomes to help you avoid jail time and minimize the impact of the violation on your life
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Why Choose Our Firm for Probation Violation Defense in Florida?

At O’Mara Law Group in Orlando, we keep our clients informed throughout every step of the process, and we are available day or night to address their concerns. Our firm has significant experience and notable victories in criminal defense cases. Contact us for skilled and zealous advocacy if you face probation violation charges in Florida.

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