Lakeland, FL Violation of Probation Defense Attorney

Experienced Criminal Defense Attorney in Lakeland, FL - Ricardo Alvarez offers aggressive legal services for alleged probation violations. Contact Probation Violation Defense Attorney Ricardo Alvarez Today!

Call 863.709.0808 about your Probation Violation Defense legal needs in Lakeland, Polk County, and Central Florida.

Probation is often granted in criminal cases in lieu of a jail or prison sentence, or be ordered to be served following a period of incarceration. Probation is often used as a form of a plea agreement to avoid a trial and to avoid or reduce jail or prison time. When probation is granted instead of jail or prison time, it may be generally considered a show of faith by the court that prosecutors and the judge have reason to believe the accused has "learned a valuable lesson" and does not present an inherent risk to be a repeat offender or to run afoul with law enforcement in the future.

In the State of Florida, a Violation of Probation may be alleged for violations that are a:

• Technical Violation of Probation: involves failure to adhere to the administrative or special conditions of their probation such as failing to Report a change of address, missing mandatory meetings with their probation officer, Failure to pay court costs, or failing to complete court ordered classes or programs.
• Substantive Violation of Probation: involves committing or being directly associated with a new crime or criminal act.

If an individual violates the terms of his or her probation, they may have their probation revoked and be ordered to serve the the term of incarceration according to the sentencing guidelines for the crime they were convicted of. A judge may not react in a favorable manner when addressing probation violations, as it is considered by may judges as a breach of the trust the court had previously shown for the accused.

It is extremely important in a probation hearing for your legal counsel to either show that a violation never occurred, or that extenuating circumstances existed that may actually justify what has been perceived as a violation of probation. The burden of proof in a probation violation hearing is “willful and substantial.” This means chose to intentionally violated the terms of your probation, and that the violation was substantial enough that the State believes revoking your probation is prudent.

If you have been accused of a violation of probation or arrested for a new crime, you need an attorney on your side who is knowledgeable of the law, experienced at trial, and able to negotiate for you from a position of strength. Call our law office 24 hours a day, 7 days a week at 863.709.0808, or by using our online case evaluation form.

We stand ready to aggressively represent you, and answer all of your questions. An aggressive defense of your case in the early stages could lead to the charges against you being dismissed or reduced.

CRIMINAL DEFENSE ATTORNEY SERVING LAKELAND, WINTER HAVEN, BARTOW, POLK COUNTY, AND CENTRAL FLORIDA

Contact Probation Violation Defense Lawyer, Ricardo Alvarez today at 863.709.0808

Ricardo Alvarez is a Criminal Defense Attorney who serves the Lakeland, Winter Haven, Bartow, Polk County, Hardee County, Highlands County, Hillsborough County and Central Florida areas.

Attorney, Ricardo Alvarez handles local, state and federal criminal cases.

Mr. Alvarez is a former prosecutor for the 10th Judicial Circuit of Florida, whichh covers Hardee, Highlands, and Polk Counties.

Attorney, Ricardo Alvarez was also former producer, news director, and vice president of news & Sports for Telemundo in New York, NY, and was also a producer and executive producer for Univision in New York, NY and San Fransisco, CA.

RICARDO ALVAREZ - BIOGRAPHY › › ›

Criminal Defense • DUI Defense • Drug Charges • Felony • Misdemeanor • Arson • Assault • Battery • Burglary • Robbery • Theft • Traffic Crimes • Traffic Ticket • Driving Under License Suspension • Domestic Violence Defense • Domestic Injunction Violations • Fraud Crimes • Homicide Crimes • Juvenile Offender Defense • Sealing and Expungement • Sex Crimes • Violation of Probation Defense • Weapon - Firearm Charge Defense • White Collar Crime Defense

CONTACT THE LAW OFFICE OF RICARDO ALVAREZ, P.A. › › ›

In order for a probation violation to have occurred in the State of Florida, does the infraction have to be intentional?

In the State of Florida, a probation violation does not necessarily have to be intentional for it to occur. Probation violations can result from both intentional actions and unintentional failures to comply with the terms and conditions of probation. While some violations may involve willful acts, such as committing a new crime or refusing to meet probation requirements, others can stem from inadvertent oversights or circumstances beyond the individual's control. Common examples of probation violations include missing a scheduled probation appointment, failing a drug test, or not completing required community service hours. Regardless of intent, when a violation is detected, it's essential for individuals on probation to address it promptly and work with their probation officer and legal counsel to mitigate potential consequences and resolve the violation.

What constitutes a violation of probation in Florida?

A violation of probation in Florida occurs when an individual on probation fails to comply with the terms and conditions set forth by the court and their probation officer. These terms can vary widely depending on the specific probationary arrangement but typically include requirements such as regular check-ins with the probation officer, attending counseling or treatment programs, refraining from alcohol or drug use, maintaining employment or education, and refraining from committing new crimes. Common violations include missing probation appointments, failing drug tests, getting arrested for a new offense, not completing ordered classes or community service, or leaving the jurisdiction without permission. It's crucial for individuals on probation to adhere strictly to their probation terms to avoid potential consequences, including probation revocation, jail or prison time, and additional penalties. If a violation occurs, it's essential to work with legal counsel to address it promptly and explore potential remedies.

If it is deemed that a violation of probation has occurred, will my probation be revoked, and will I be sent to Jail or Prison to serve time for the original crime?

If a violation of probation is deemed to have occurred in Florida, it does not automatically result in probation revocation and jail or prison time for the original crime. Instead, the outcome depends on various factors, including the nature and seriousness of the violation, the individual's prior record, and the discretion of the probation officer and the court. In some cases, probation violations may lead to modified probation terms, increased supervision, or additional requirements, such as counseling or community service. However, if the violation is significant or repeated, probation revocation proceedings may be initiated, potentially leading to incarceration for the original offense. It's essential for individuals facing probation violations to work closely with their probation officer and an experienced attorney to present their case, mitigate potential consequences, and explore alternative resolutions that prioritize rehabilitation and compliance over imprisonment.

What are the potential consequences for violating probation in Florida?

Violating probation in Florida can result in various consequences, which may depend on the nature and severity of the violation, as well as the individual's prior record. Potential consequences include increased supervision, modified probation terms, mandatory counseling or treatment, additional community service hours, or fines. For more serious violations or repeated infractions, probation revocation proceedings may be initiated, leading to the imposition of the original sentence, which may include jail or prison time. It's crucial to note that probation violations are taken seriously, and the specific consequences can vary widely depending on the circumstances. To navigate these challenges, individuals should work closely with their probation officer and consult with an experienced attorney who can help advocate for their rights and explore potential alternatives to incarceration.

Is it common in the State of Florida for a Probation Officer to recommend revocation of probation because he or she simply does not like you, only to have the Judge deem an alleged probation violation either did not occur or was not significant enough to revoke probation?

In the State of Florida, probation officers are responsible for monitoring individuals on probation and reporting any alleged violations to the court. While personal opinions or dislike for a probationer should not be the basis for recommending probation revocation, it's essential to recognize that probation officers have discretion in evaluating violations. However, the final decision rests with the judge, who reviews the evidence and circumstances surrounding the alleged violation. It is not common for judges to revoke probation solely based on personal bias from a probation officer. Judges typically weigh the facts, the seriousness of the violation, and the individual's overall compliance history when making such decisions. If a probationer believes they are unfairly targeted or facing unjust recommendations, consulting with an experienced attorney can help protect their rights and ensure a fair evaluation of the alleged violation.

In the State of Florida, can you request your probation supervision to be transferred to a different probation officer if you feel there is a personal bias?

In the State of Florida, individuals on probation may request a transfer of their probation supervision to a different probation officer if they believe there is personal bias or a conflict of interest affecting their probation officer's objectivity. While such requests are possible, they must typically be based on valid reasons and must be made through the appropriate channels. The process may involve contacting the probation office and discussing the issue with a supervisor or administrator who can assess the situation and make a determination. It's essential to provide clear and documented reasons for the request to increase the likelihood of a successful transfer. Consulting with an attorney who specializes in probation matters can be beneficial in navigating this process and ensuring that your rights and interests are protected.

What is the process for a probation violation hearing in Florida?

The process for a probation violation hearing in Florida typically begins with the probation officer alleging a violation and submitting a report to the court. This report outlines the alleged violation, supporting evidence, and recommendations for action. The judge then reviews the report and determines whether there is probable cause to believe a violation occurred. If probable cause is found, a formal violation hearing is scheduled. At the hearing, both the probationer and the prosecution present their cases, including witnesses and evidence. The judge evaluates the evidence and hears arguments from both sides. If the judge concludes that a violation has been proven, they may decide to modify the terms of probation, impose additional conditions, or revoke probation and impose the original sentence. The probationer has the right to legal representation during this process and can present a defense to challenge the allegations.

Do I have the right to legal representation during a probation violation hearing?

Yes, individuals facing a probation violation hearing in Florida have the right to legal representation. Just like in any criminal proceeding, having an attorney is crucial during a probation violation hearing. An attorney can help protect your rights, present evidence and witnesses on your behalf, challenge the allegations, and argue for a fair outcome. They can also advise you on the best course of action, whether it involves negotiating with the prosecution, seeking alternatives to probation revocation, or presenting a defense. Having legal counsel is essential to ensure that the process is fair and that your interests are properly represented throughout the probation violation hearing.

Can I bond out of jail if I'm arrested for violating probation in Florida?

Whether you can bond out of jail after being arrested for violating probation in Florida depends on various factors, including the specific circumstances of your case and the judge's decision. In some cases, judges may grant bond for probation violation arrests, especially if the alleged violation is not considered serious or poses minimal flight risk or danger to the community. However, for more severe violations or if there are concerns about flight risk or public safety, the judge may decide to withhold bond, leaving you in custody until the probation violation hearing. It's essential to consult with an attorney as soon as possible to assess your individual situation, understand your options, and seek the best possible outcome in your case.

Contact Domestic Violence Criminal Defense Lawyer, Ricardo Alvarez today at 863.709.0808

6700 Florida Ave S, Lakeland, FL 33813

Phone: 863.709.0808

Home • Attorney, Ricardo Alvarez - Biography

Criminal Defense • DUI Defense • Contact Us
Copyright Image Credits

Website Design: Tiger Prey Media