Tampa Probation Violations Defense Attorney

Defense for Violation of Probation in Florida

Probation is often included in a criminal sentence. Probation is usually given an individual in lieu of jail time where part of or no sentence has been completed. It is expected during this time that certain terms will be adhered to. If they are not, the individual on probation risks having to serve the original sentence.

If you are facing violation of probation charges, do not hesitate to speak with our Tampa probation violation lawyer at Taracks & Associates. Our firm has helped many clients retain their probation status and clear up erroneous charges.

Speak with a Tampa probation violation attorney today if you are concerned about the condition of your probation. Call us at (813) 990-0599.

What is Violation of Probation (VOP)?

You must understand is what exactly a violation of probation, also known as a VOP, actually is:

1. A violation of probation (VOP) is a criminal charge which, if proven, enables the Court to impose a new (and possibly increased) sentence upon you.
2. The State frequently asks the Court for a harsher/more severe sentence than what was initially imposed as a punishment for you failing to comply with the terms of your probation as first ordered.
3. There are two types of violations of probation, substantive and technical. The difference between the two is explained below.
4. Sentencing in this area is complicated and requires a great understanding of the procedural rules and the law.

Types of Probation in Florida

There are two types of probation which may be granted: formal and informal probation. Formal probation requires regular meetings with a probation officer along with other stipulations. Informal probation requires the completion of certain terms but no meetings with a probation officer are necessary.

Potential Consequences and Outcomes in VOP Cases

Common probation terms may consist of:

• Jail time
• Community service
• Counseling/classes
• Drug testing
• Large fines
• Meetings with a probation officer

Every violation of probation case is different. In some instances we are able to get your probation terminated successfully rather than having you even face any additional penalty. In other cases there are times that the court can be persuaded to 'reinstate' your probation, meaning put you back on probation status instead of sentencing you to jail or prison. If your violation is of a more substantive nature there are times when an experienced Tampa probation violation attorney may be able to convince the court to impose an alternative option such as house arrest rather than a county jail or state prison sentence.

Substantive Violation vs. Technical Violation in FL

There are two types of violations that can occur: Substantive and Technical. Substantive violations are allegations that you were arrested on a new criminal offense (or offenses) while on probation. This could include any new criminal charge, even something as small as driving on a suspended license or reckless driving.

Technical violations are allegations that you failed to complete one or more of the terms or conditions of your probation that were originally ordered by the Court when you were sentenced the first time.

Technical violations include dirty urine samples, failure to submit a urine sample, curfew violations, use of intoxicating substances, failure to complete community service, a new misdemeanor charge, or violations of any "special conditions" you may have been assigned.

Defense Against Probation Violations in Tampa, FL

In some cases, your attorney may consider obtaining a continuance of our your court date. This will provide you with time complete the previously imposed terms and conditions that remain outstanding, or give you time to pay outstanding financial obligations prior to appearing before the Court. This way when you do appear before the Judge there are less outstanding terms left to be completed.

In other situations, your attorney may advise you to complete additional terms that were not previously ordered, but might look favorable in the eyes of the court. These decisions are made by lawyers on a case-by-case basis, and an experienced Tampa probation violation attorney might be able to come up with a strategy for your specific case depending on the facts. To give you an example, the additional terms might include things such as:

• Completion of a psychological examination;
• Additional community service hours;
• Submitting to a drug screen;
• Enrollment in college or GED programs;
• Obtaining letters of support from friends, family, and employers;
• Relocating to avoid contact with alleged victims;
• Proving that a vehicle has been sold to avoid further driving offenses; and/or
• Providing copies of medical reports.

Is Violation of Probation a Felony Or Misdemeanor?

Violation of probation (VOP) in Florida is generally treated as either a misdemeanor or felony, depending on the underlying offense. Generally, if the original charge was a felony, VOP will be considered a third-degree felony. On the other hand, if the original charge was a misdemeanor, VOP will usually be treated as a first-degree misdemeanor. Our Tampa probation violation lawyer understands how serious these charges can be and is ready to provide a strong legal defense in order to protect your rights.

Out-of-State Violations of Probation

An experienced Tampa probation violation attorney may be able to represent you in Court without you having to make an appearance if you live out of state. This can save you thousands of dollars in travel expenses, not to mention prevent you from having to take time away from work and family.

Representation for Your Probation Violation Case in FL

A strong defense can be the difference between going back to prison and being permitted to complete your probation. In many cases, we are able to show that the charges are in fact not valid and they will be dismissed or at the very least greatly minimized. Don't take chances with your future, our firm can provide clients with outstanding representation in all probation matters.

Don't hesitate to contact us today to speak with our Tampa probation violation lawyer! Call (813) 990-0599 now.