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Tampa Criminal Defense Lawyers > Blog > Criminal Defense > TAMPA BAY AREA VIOLATIONS OF PROBATION

TAMPA BAY AREA VIOLATIONS OF PROBATION

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In Florida, the Office of Community Corrections currently supervises more than 164,000 offenders throughout the state. These adult offenders are monitored and supervised by probation officers located in 130 probation offices. This includes offenders released from prison on parole, conditional release, or conditional medical release. It also includes offenders placed on court ordered supervision including regular probation, administrative probation, drug offender probation, sex offender probation, and community control. Correctional Probation Officers also supervise offenders placed on pre-trial intervention.

WHY SHOULD I TAKE PROBATION SERIOUSLY?

Probation is defined by Florida law as a form of community supervision that imposes certain terms and conditions on an offender in lieu of incarceration. It comes as no surprise that most people prefer probation over a jail sentence.

Although it serves as an alternative to incarceration, a sentence of probation or community control should never be taken lightly. Committing a technical or substantive violation of your probation can have serious, life-changing consequences – including a no bond warrant for your arrest. Ultimately, a person found in violation by a court can be sentenced to the maximum prison sentence allowed by law. You want to avoid that.

If you have been accused of a probation violation in the Tampa Bay area, it is imperative to reach out to a board certified criminal trial lawyer at www.matassinilaw.com. A delay could jeopardize your case.

HOW CAN I BE VIOLATED?

The answer is not always as straightforward as it may seem. Of course, if you are arrested for a new law violation – like committing a new drug crime – that will be considered a violation of the terms of your probation. Additionally, you can also violate supervision by committing a “technical” violation of probation where it is not alleged that you committed a new offense but that you did something else wrong like violating a curfew or failing to do community service hours on time. A technical violation occurs when an individual violates either a specific or general condition of their probation. These typically include things like:

  • Failure to pay court costs and fines
  • Failure to complete court-ordered programs such as drug rehabilitation or mental-health counseling
  • Failing a drug test
  • Missing or arriving late to probation-related appointments

THERE ARE MANY DEFENSES TO PROBATION VIOLATIONS

Under Florida law, a violation of probation legally occurs when a defendant willfully and substantially fails to comply with the terms of her probationary sentence. An experienced lawyer can craft credible arguments to persuade the court that the violation was not willful or substantial.

Whether a violation is both willful and substantial in nature depends on the facts of each individual case and must be proven by the prosecution by the “greater wight of the evidence.” State v. Melton, 65 So.3d 96,97 (Fla. 1st DCA 2011); Thompson v. State, 890 So.2d 382, 383 (Fla. 2nd DCA 2004).

It is paramount to surviving a Florida violation of probation that your lawyer finds the right defense, legal arguments, and mitigating circumstances to present to the court in your case. Don’t hire an inexperienced lawyer to protect your life.

HIRE A BOARD CERTIFIED CRIMINAL TRIAL LAWYER TODAY

Only 7 percent of eligible Florida Bar members are board certified in their areas of practice. Nicholas G. Matassini has been board certified in criminal trial law since 2012 by the Florida Bar and is AV Rated by Martindale-Hubbell. He can be reached at www.matassinilaw.com for a free consultation.

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The greatest distinguishing feature among attorneys is their level of experience. Our firm has more than 60 years of legal experience, much of it spent in the courtroom at trial. As a result, our Tampa criminal defense lawyers rarely encounter an unfamiliar situation and can thoroughly answer your urgent questions. Our criminal defense practice features a board certified criminal trial lawyer and two former prosecutors with impressive knowledge of trial tactics and procedures.

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Whether your case involves a crime or injury, your attorney must be prepared to take the case all the way through trial to verdict. Many defense attorneys advance the cost of litigation, so they can only last so long before financial pressures start to mount. As a client, you have to wonder whether an attorney's advice to settle your case reflects the quality of the offer or their need to get paid. Fortunately, The Matassini Law Firm has the resources to pursue civil verdicts and settlements that reflect the actual value of your case.

Call our Tampa Bay criminal attorneys for a free consultation

A crisis in your life calls for capable and compassionate assistance. The Matassini Law Firm, P.A. addresses your needs all the way through the legal process. For your free initial confidential conference with one of our Tampa criminal defense attorneys, call us today at 813-217-5715 or contact us online.

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