Experienced Legal Advocacy in Florida

CAN YOU APPEAL A PROBATION VIOLATION SENTENCE?

Yes, but that question only applies when someone has lost their Violation of Probation Hearing in front of a Judge, and most likely is serving a county jail, or worse a prison sentence in Florida State Prison.

Here’s how the experienced Tampa Probation Violation Attorneys at Taracks & Associates can help.

If you or a loved one has just lost a Probation Violation Hearing, time is of the essence. The time limitation for filing an appeal is 30 days from the entry of the judgment. This time frame is even more important since if someone has lost a Probation Violation Hearing, it is unlikely that the judge who imposed the jail sentence would allow the probationer to be release upon the posting of a bond to (supersedeas bond) while the sentence is appealed.

There are other options, for example did you know that a Motion for Reconsideration (Reduction) of Sentence must be heard within 60 days from when the sentence was imposed? Fla. R. Crim. Pro. 3.800 (c).

This motion specifically requests a reduction in the imposed sentence based upon reasons that were not brought up at the original Probation Violation Hearing. This motion can be successful depending on how compelling the new facts, items, legal arguments, or other reasons are that were not previously presented.

Both of these ways to try to lessen the impact of a Probation Violation Sentence can be an uphill battle since the judge who has imposed the sentence has already made the decision that the Probation Violation has occurred.

How can you minimize a potential Probation Violation so that the above doesn’t happen to you?

By hiring a Tampa Criminal Defense Attorney who is experienced in resolving Probation Violations, and who knows how to navigate the criminal justice system.

The Experienced Criminal Defense Attorneys at Taracks & Associates are here to help. Please contact us at 813-281-2897, for a Free Consultation, when you or a loved one believes a probation violation may be on its way. You don’t have to wait until a Probation Violation is signed by a judge in order to seek consultation with our firm.

When we are retained to fight a violation of supervisor alleged by a probation, drug offender, community control or house arrest officer; the earlier we are involved the greater the likelihood of a positive result.

When an officer who is supervising you believes that you have violated any term or condition of supervision, a violation report is prepared. Once this report is prepared either a Notice of Hearing is presented for you to sign; or a Notice of Violation/Violation of Probation Warrant is sent to the judge.

There are times when we are retained early in the violation report process that we can provide additional information/progress on probation conditions, that the supervising officer can include favorable recommendations to the judge with the violation paperwork prior to a warrant being issued.

Since these violations will likely result in you facing the very same judge who imposed the original sentence, it is imperative that you speak with an attorney who is familiar with that judge’s violation procedure. All judges do not handle probation violations the same way.

The Tampa Probation Violation Defense Attorneys at Taracks & Associates have been representing people for over 20 years, and we are familiar with the all of the judges within the Tampa Bay Area.

We know how to expedite a hearing to either resolve the entire Probation Violation, or at least how to get in front of the right judge to fight to get a loved one released from jail and home with their family.

Even if the pending violation is just a “technical violation” for not completing counseling, not paying restitution, or that letter of apology; you or your loved one is still facing the maximum sentence for the original charge. The difference is you no longer have a right to a jury trial, the prosecutor only has to prove your violation by a preponderance of the evidence, and hearsay is allowed to prove that you violated a term of your supervision.

So, if you fear a Probation Violation is going to be filed by your probation officer contact Taracks & Associates, at 813-281-2897 today for your Free Consultation.

We will discuss the facts of your possible probation violation.

We will then develop the best defense to protect your freedom, whether it is a Motion to Set Bond, a Turn-In Hearing arranged for the presentment of our clients in front of the Court, or a Bond Reduction Hearing to present evidence, facts or circumstances for the Court to consider setting a bond, approve the use of an ankle monitor, or even Release on Recognizance. These Court Hearings are more likely to have a favorable result if we are aggressive and proactive in addressing the issues that have arisen while on probation rather that wait for that unwelcome knock on the door by the authorities trying to arrest you on a Probation Violation Warrant.

These are strategies that are best developed during a consultation with a Criminal Defense Attorney who has the experience to know what has the best prospect of success in front of the Judge on your case.

The Defense Lawyers at Taracks & Associates, have been handling violations of supervision for more than 20 years, and we have invaluable experience to provide to you or your loved on to achieve the best possible outcome for a Probation Violation.

So as soon as you suspect that you will be facing any violation of probation/supervision, including just “Technical Violations”, please call us at 813-281-2897 to schedule a Free Consultation. We can then craft the best strategy to not only defend you from the allegation that you violated the terms of your supervision, but to protect your freedom and keep you home with your family.

Categories