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In a city like Tampa, Florida, receiving a sentence that includes probation does not mean you are no longer at risk of incarceration; if you do not follow the conditions of your supervision, the court could revoke your probation and order you to serve a jail or prison sentence. Nevertheless, you have legal rights and protections when either your probation officer or the prosecutor claims that you’ve violated your probation terms. By hiring a qualified Tampa probation violation attorney, it is possible to avoid incarceration and continue with your probation. They can protect your rights throughout the probation violation process and you receive a fair hearing on the allegations.
Probation is a privilege in Florida; it is not a right.
Basics About Probation in Tampa
Florida Probation’s Definition and Purpose
Unless you are convicted of a capital offense, you are eligible to be sentenced to probation in Florida. Probation itself is a court-supervised program that permits you to avoid incarceration, take advantage of community-based services, and demonstrate a willingness to put your criminal conviction behind you.
There are several types of probation that a court can sentence you to, including:
- Standard
- Unsupervised
- Drug offender probation
- Sex offender probation
- Community control probation.
Each of these is distinguishable based on the intensity of the supervision and conditions they typically impose. However, one characteristic that is shared by every type of probation is that the court retains the power to modify or terminate it while your sentence is ongoing.
The court will consider several factors in deciding whether to place you on probation and what type of probation is appropriate for you if it does indeed choose to do so. Some of these factors include your criminal record, the seriousness of the crime you were just convicted of, whether controlled substances played a role in your case, and your employment status and history.
What Are Probation Violations?
You commit a probation violation any time you do not follow its rules or conditions. Common examples include:
- Committing another violation of the law
- Contacting someone in violation of a no-contact order
- Forgetting or intentionally refusing to report to your supervising officer or the court as directed
- Failing random drug tests
- Curfew violations.
Not every probation violation is treated the same in court, but any violation, no matter how small, can serve as grounds for revoking your supervision and ordering you into custody. A Tampa probation violation lawyer from Taracks & Associates can help you respond appropriately to violation allegations and protect yourself from potential revocation.
Do not risk your freedom by attempting to handle your case by yourself. Contact Taracks & Associates at 813-281-2897 if you are accused of violating your probation.
Why Choose Us?
Taracks & Associates is a resourceful Tampa criminal defense law firm capable of representing individuals alleged to have violated their probation in any manner. Attorney Barry Taracks is a former prosecutor who now represents clients in both state and federal courts, using his knowledge to help his clients anticipate prosecutors’ tactics and strategies.
With a probation violation attorney from Taracks & Associates in your corner, you can breathe easy knowing that your alleged violation will be thoroughly investigated and that any mitigating evidence or witnesses will be discovered and presented to the court as part of your defense.
What Happens After You Violate Probation?
How the Court Can Respond to Violation Allegations
Before the court revokes your probation, you will be given notice of how your supervising officer believes you violated it. That information will come in the form of a Notice of Violation of Probation (VOP), which will also give you a hearing date. That date is critical, as it will serve as your opportunity to show the court that you did not violate your probation’s terms.
You have considerably fewer rights at a VOP hearing compared to a criminal defendant who has not been convicted. Nonetheless, the rights you do have require the prosecutor to prove your alleged violation. They must show that it is more likely than not that you committed a probation violation.
FAQs
Probation can be a confusing concept, especially if you have never committed a criminal offense or if this is your first time under court-ordered supervision. Common questions people have include the following:
How do I know if I am on probation?
If it chooses to do so, the court will grant you probation at the time you are sentenced for your crimes. Having to report to a court officer is a general sign that you were sentenced to probation.
How do I know if I’m being accused of violating my probation?
When it is believed that you have violated your probation, you will receive a VOP notice that outlines the specific accusation against you. The notice acts as a formal advisement of a probation violation charge.
Will I have to serve jail or prison time for violating my probation?
It’s possible, and that is why it is crucial to have a probation violation lawyer in Tampa review your case immediately. Aside from sending you to jail or prison, the court could modify your probation terms and conditions, potentially extending your probation for a longer term. It may also order you to do community service or perform other similar actions as a consequence.
How can a Tampa probation violation attorney help my case?
At a violation hearing, one of your most powerful rights is the right to present proof of your relative innocence to the court. Mitigating evidence can be difficult to locate, but your attorney will know local resources that can be used to ensure the court hears your entire story before making its decision.
An attorney from Taracks & Associates can answer any other questions you might have regarding probation conditions and how to respond to charges of violations.
Contact Taracks & Associates Today
If you are facing revocation of your probation due to a violation, you are in a compromising position. Not only are you facing potential incarceration, but you have fewer rights than you did before you were convicted. Failing to take decisive and effective action can lead the court to revoke your probation and order you into custody.
Contact Taracks & Associates today by calling 813-281-2897 and scheduling your free, no-obligation case evaluation to discuss your concerns and goals.