MIAMI PROBATION VIOLATION ATTORNEY

Aggressive South Florida Criminal Defense Lawyer

A probation violation occurs when a person who is on formal or informal probation violates one or more terms of his/her agreement. If you are accused of violating your probation in the state of Florida, you run the risk of having your probation revoked. A judge will sign a warrant for your arrest. Once you are brought into county jail, you may be detained there without bond. There is no statute of limitations for violating your probation.

 The following are examples of probation violations:

  • Failure to report to probation officer
  • Being arrested
  • Drug or alcohol abuse
  • Committing another crime
  • Associating with known gang members
  • Failure to appear in court  
  • Failure to follow the guidelines of probation
  • Possession of drugs
  • Possession of a weapon
  • Failure to pay fines assigned by the court
  • Failure to complete your community service
  • Failure to complete rehabilitation programs

The following are the current seven forms of supervision which the Department of Corrections administers.

  • Administrative probation: places the offender on probation but does not require them to be in regular contact with a parole or probation officer.
  • Community control: the offender must be under supervised custody. The offender’s freedom is restricted to a certain type of residential setting and may include surveillance by officers.
  • Criminal quarantine community control: 24 hours a day/7 days a week intensive supervision by probation officers with a condition of 24-hour electronic monitoring, and may include spending a set amount of time in residential confinement.
  • Drug offender probation: offender under goes treatment, random drug testing, and strict supervision.
  • “Probation”: requires the offender to obey certain conditions of probation and requires offender to be in regular contact with parole and probation officers and other terms and conditions.
  • Community Control-Sex Offender: an offender who committed a sex crime after September 30, 1997 that violated chapter 794 or s. 800.04, s. 827.071, or s. 847.0145. The offender must undergo strict supervision, treatment and must submit blood samples to the Florida Department of Law Enforcement.
  • Sex offender probation: the offender must follow a treatment plan and be under strict supervision by a surveillance officer.

Penalties for violation of probation

  • If the prosecutor is able to prove that you committed a willful and substantial violation of your probation the maximum penalty is the same as the original charge you were placed on probation for.

When you violate your probation you might not be given a bond. You could potentially sit in jail for a prolonged period of time before you are allowed to see a judge to address the allegations. Time is of the essence. Even if you have not been formally charged with a crime, attorney Hernandez can intercede and work to protect your rights. Involving an attorney as early in the process as possible is important if you are to have the best opportunity of successfully fighting your charges and avoiding a conviction. Mr. Hernandez is a formidable ally to have in your corner representing you at your probation violation hearing. Due to the difficulty of the cases and the probable sentences that attach, it is essential that you contact Mr. Hernandez. With his extensive knowledge of the legal system, attorney Hernandez will provide you with the most aggressive and knowledgeable legal representation possible in the face of your probation violation charges. 

For more information and your free consultation contact attorney Armando Hernandez today at 305-442-2590.