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What To Do If You Violate Probation in Florida: A Guide for Tampa Residents

by | Sep 17, 2024 | Criminal Law

Probation is often seen as a second chance, a way to serve out your sentence while remaining in the community rather than behind bars. However, violating probation in Florida can lead to severe consequences, potentially turning that second chance into a prison sentence. If you are facing a probation violation in Tampa, understanding your options and acting quickly is essential to protect your rights and your future.

At Brunvand Wise, P.A., we are dedicated to helping individuals navigate the complex legal landscape surrounding probation violations. This blog will guide you through the steps to take if you find yourself in this situation and how a skilled criminal defense attorney can make all the difference.

What Is a Probation Violation?

A probation violation occurs when you fail to comply with the terms and conditions set forth by the court as part of your probation sentence. Common violations include:
Missing scheduled appointments with your probation officer
Failing a drug or alcohol test
Not paying fines or restitution
Committing another crime while on probation
Failure to complete court-ordered programs or community service
Leaving the state without permission

Florida courts take probation violations seriously, and even minor infractions can lead to significant legal repercussions.

What Happens After a Probation Violation?

If your probation officer believes that you have violated the terms of your probation, they may file an affidavit with the court, detailing the alleged violation. This is typically followed by a probation violation hearing. Depending on the nature of the violation, you could face several potential outcomes, including:
Warning or stricter probation conditions: For minor violations, the court may issue a warning or impose additional conditions without sending you to jail.
Extension of probation: The court may extend the duration of your probation, giving you more time to comply with the terms.
Incarceration: In more serious cases, or if the violation involves new criminal charges, the court may revoke your probation, resulting in a prison sentence for the remainder of your original sentence.

Defending Against a Probation Violation in Tampa

If you’ve been accused of violating your probation, you don’t have to face it alone. Here are some strategies a Brunvand Wise, P.A. attorney can use to defend you:
1. Proving Compliance – If you can demonstrate that you did, in fact, comply with the probation conditions, this can serve as a defense. For example, showing receipts for paid fines or proof of completed community service.

2. Lack of Evidence – The prosecution must provide sufficient evidence to prove you violated your probation. Your attorney can challenge the evidence or argue that it’s insufficient to warrant a violation ruling.

3. Unintentional Violation – If the violation was accidental or due to circumstances beyond your control (such as a medical emergency), the court may be more lenient. An attorney can help present these mitigating circumstances.

4. Alternative Sentencing – Even if the violation is proven, your attorney can argue for alternative sentencing options such as an extension of probation, community service, or rehabilitation programs, especially if the violation is your first offense.

Why You Need a Tampa Probation Violation Lawyer

Probation violation cases in Florida are handled differently from regular criminal trials. The standard of proof is lower, and there is no right to a jury trial. This means that the judge has significant discretion in determining the outcome of your case. Having an experienced attorney from Brunvand Wise, P.A. on your side can make a substantial difference in the result of your hearing.

Our attorneys will:
Analyze the circumstances of your alleged violation and craft a strategic defense.
Negotiate with prosecutors and probation officers to potentially reduce charges or penalties.
Advocate on your behalf* in court to ensure your rights are protected and that you receive a fair hearing.

Protect Your Future – Contact Brunvand Wise, P.A. Today

A probation violation in Tampa can lead to serious consequences, including jail time and an extended criminal record. Don’t leave your future to chance. The team at Brunvand Wise, P.A. has extensive experience in handling probation violation cases and will fight to protect your rights every step of the way.

If you’ve been accused of violating probation, contact us today for a confidential consultation. We’ll discuss your case, review your options, and work toward achieving the best possible outcome for you. You don’t have to face this battle alone—let us stand by your side and defend your freedom.

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