Gainesville, Florida, Violation of Probation (VOP) Attorney
If you were placed on either misdemeanor or felony probation, you may face significant penalties, including incarceration, if you violated the express terms of your probation. If you have been accused of these or other violations, I can investigate and present your possible defenses:
- Committing a crime while on probation
- Testing positive on a drug screen
- Failing to report a new address
- Failing to show up for your probation appointment
- Failing to pay money owed
Not all violations are treated the same, but they are all serious. Most judges see probation as an opportunity to show the court they do not need jail or prison time to rehabilitate themselves.
A Resentencing Procedure with Less Protections
Probation is essentially an opportunity for the judge to resentence you. Once your probation officer presents the judge with an affidavit of violation of probation, you will either be arrested or notified to appear before the judge. You
do not get a jury trial on whether you violated your probation, even if the basis for the violation is a new crime. Also, certain types of evidence that would not be admissible at a jury trial are routinely introduced at VOP hearings. Finally, the standard of proof is not nearly as high. The state must only prove you violated your probation by the civil "preponderance of the evidence" standard, instead of proof beyond a reasonable doubt. However, the state must still prove that you committed a willful and material violation.
Resolving your Violation of Probation
Jail does not have to be the result of your violation. Judges have a wide degree of sentencing discretion in these matters. Depending on the nature of your probation case and the violation, there may be several sentencing options, including dismissal of the violation and reinstatement of probation.
If you have been arrested for a new crime while on probation, or if your probation officer has told you they will be submitting a violation report to your judge, you should seek counsel as soon as possible. Let me help you through this process and help you make an informed decision concerning your rights. Call me for a
FREE consultation regarding your legal rights.
