Violation of Probation


Violation of Probation

West Palm Beach Violation of Probation Attorney David W. Olson

 

For more than 30 years, Attorney David W. Olson has been providing aggressive, effective legal defense for thousands of clients accused of serious felonies and misdemeanors, including violation of probation and community control, drug offenses, DUI, reckless driving, driving with a suspended license, identity theft, domestic assault and battery disputes, juvenile matters and theft offenses, to name a few.

 

If you are facing a charge of violating probation or community control, the court has the option to revoke, modify or re-impose the original sentence. It is advisable to immediately contact a highly experienced attorney who can pursue the most favorable outcome possible. In some cases your attorney may be able to present persuasive evidence indicating that you either did not violate the terms of probation, or that the terms were unreasonable. Attorney Olson offers a free case consultation.

 

Florida Probation Statute

 

Probation and Community Control terms are proscribed in Chapter 948, Florida Statutes. These include the following, some of which may be edited for brevity:

 

  • Under Sec. 948.001:
    1. “Administrative probation” means a form of noncontact supervision in which an offender who presents a low risk of harm to the community may, upon satisfactory completion of half the term of probation, be transferred by the Dept. of Corrections to nonreporting status until the expiration of the terms of supervision.”
    2. “Community control” means a form of intensive, supervised custody in the community, including surveillance on weekends and holidays, administered by officers with restricted caseloads. Community control is an individualized program in which the freedom of an offender is restricted within the community, home, or noninstitutional residential placement and specific sanctions are imposed and enforced.”
    3. “Community residential drug punishment center” means a residential drug punishment center …”
    4. “Drug offender probation” means a form of intensive supervision that emphasizes treatment of drug offenders in accordance with individualized treatment plans…”

 

Additional probation and community control terms:

 

  1. “Probation” means a form of community supervision requiring specified contacts with parole and probation officers and other terms and conditions…”
  2. Split sentence of probation or community control and imprisonment, 948.012:
    1. Whenever punishment by imprisonment for a misdemeanor or a felony, except for a capital felony, is prescribed, the court, in its discretion, may, at the time of the sentencing, impose a split sentence whereby the defendant is to be placed on probation or, … into community control upon completion of any specific period… In such case, the court shall stay and withhold the imposition of the remainder of sentence imposed…and direct that the defendant be placed upon probation or community control after serving such period as may be imposed by the court…”

 

Compliance and Noncompliance with the Terms of Probation or Community Control

 

  1. (2)(a) If the offender meets the terms and conditions of probation or community control, any term of incarceration may be modified by court order to eliminate the term of incarceration.
  2. (b) If the offender does not meet the terms and condition of probation or community control, the court may revoke, modify, or continue the probation or community control… If the probation or community control is revoked, the court may impose any sentence that it could have imposed at the time the offender was placed on probation or community control. 948.012(b)

 

Terms and Conditions of Probation

 

Probation violations generally fall within one of two categories:

 

  1. Technical violation – when probationer has not complied with one or more conditions of probation. For example, if the probationer fails a urine test or does not make their required alimony or child support payments;
  2. Substantive violation – when defendant, while under probation, is charged with committing an additional offense. For example, an arrest for possession of drug paraphernalia or DUI.

 

There are many terms and conditions of probation, detailed in Sec. 948.03, including, but not limited to, the following, which may be abbreviated or otherwise explained:

 

  • Reporting to probation and parole supervisor;
  • Permit supervisor to visit probationer at home or elsewhere;
  • Work at suitable employment;
  • Remain within a specified place;
  • Live without violating any law;
  • Make reparation or restitution;
  • Support dependents;
  • Pay attorneys fees and costs;
  • Not associate with persons engaged in criminal activities;
  • Submit to random alcohol or drug testing;
  • Not possess, carry or own any firearms;
  • Not use intoxicants to excess or possess any drugs or narcotics without prescription;
  • Submit and pay for blood tests;
  • Whatever else the court may choose to add as a term of probation.

 

Violation of Probation Hearing is Much More Strict than a Criminal Case

 

Unfortunately, in many instances the terms of probation are extremely difficult to comply with. If a probationer fails to comply with even a single condition, a violation of probation may result. The proceedings in a VOP (violation of probation) hearing are much different – and more strict – than in a criminal trial.

 

For example, the probationer may be forced to testify against himself. Further, there is no right to a trial by jury in a POV hearing – the judge is the sole trier of facts. And, often considered the most extreme difference of all, the standard of proof is lower in a POV hearing than in a criminal trial. In a probation hearing, guilt needs to be proven only by a preponderance of the evidence, not beyond a reasonable doubt.

Attorney David W. Olson, Violation of Probation Criminal Defense Attorney

 

If you are facing a probation or community control violation hearing, it is essential to hire an experienced lawyer who can present a vigorous defense on your behalf. In some cases, your attorney may be able to present evidence to show that you did comply with, and did not violate the terms of your probation. In other instances your attorney may be able to show that the terms of probation were excessive, unreasonable and far too difficult to comply with from the outset. Every case is different and will be determined by its individual circumstances. Discuss your case with Attorney Olson for a better understanding of how he may be able to help you.

 

Attorney David Olson has received awards and accolades from clients and from the legal community, including:

 

 

Attorney Olson represents clients from West Palm Beach, Delray Beach, Pompano Beach, Fort Lauderdale, Palm Beach County, Broward County, Miami-Dade County and elsewhere throughout the state. For a free case review, call The Law Offices of David W. Olson at 561-833-8866.

 

Source

  • Chapter 948, Probation and Community Control, Florida Statutes (2014)
  • Secs. 948.001, 948.012(b), 948.03,