Violation of Probation Defense at the Law Office of Maggie Jo Hilliard, P.A.
If you were sentenced to probation, felony or misdemeanor, after entering a plea or trial upon your criminal charges, it is important that you follow your probation orders. But, it is not uncommon that, for one reason or another, probation issues arise during your probation term. The consequences for such issues can affect your criminal record and your freedom, as it is likely you could be adjudicated of the underlying offense (if you had receved a withhold of adjudication previously, you would then be convicted) and you could serve the remaining probation term in jail, prison or under enhanced restrictions. A violation of probation can also affect the level of mitigation given in future criminal actions, as prosecutors and judges will look to your record to determine whether you are probation eligible. The Florida Constitution states that the goal of the criminal laws is "to punish" not "to rehabilitate." Thus, many Judges and State Attorneys consider probation to be a gift, not an entitlement.
It is very important to adhere to the Court's orders, but if you have found yourself in the midst of issues arising from your probation order, contact The Law Office of Maggie Jo Hilliard, P.A. immediately as time is of the essence.
In a hearing upon a Violation of Probation charge, the State has a lower burden of proof and must only show a "willful and substantial violation of probation" and that you knew that you were on probation. This is not a high burden.
If you are close to completing your probation and a valid reason exists for your violation, get the counsel of a competent and diligent attorney immediately to address your options. Often, a Court will hear a Motion for Modification Of Probation prior to the entry of an Affidavit of Probation Violation to address a concerned defendant's potential violation. Don't delay, as your diligence in addressing the violation will be considered by the State and the Court. Additionally, your efforts to complete the terms of probation after a violation has occurred can mitigate the evidence against you.
Call today to schedule a consultation to discuss your probation issues.
(904) 247-7600