If you are charged with another crime, it is critical that you speak to a lawyer immediately. If an individual is believed to have violated their probation, they will be charged with that violation and a hearing will be set up. During that hearing, the prosecutor must show that the defendant willfully and substantially failed to meet the conditions of their probation.
If you are found guilty of violating your probation, you could be sent to prison. There is a rich case law history when it comes to probation, but to truly take advantage of it, you need qualified legal representation. Willfully and substantially are the operative words when it comes to defending against a probation violation and maintaining your freedom.
There are certain situations where an individual may violate their probation through no fault of their own. That means that they did not willfully violate their probation and they should not be penalized. For example, not having a job to pay back fines or not having access to a reliable mode of transportation to attend meetings may lead to probation violations. This means they did not willingly violate their probation.
Telling a story to the judge will not help. A probation violation could lead to the loss of your freedom. Otherwise, you could end up back behind bars to serve the remainder of your sentence. Felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in s.
Felony probation or community control and has previously been found by a court to be a three-time violent felony offender as defined in s. Felony probation or community control and has previously been found by a court to be a sexual predator under s. Kidnapping or attempted kidnapping under s.
Murder or attempted murder under s. Aggravated battery or attempted aggravated battery under s. Sexual battery or attempted sexual battery under s. Lewd or lascivious battery or attempted lewd or lascivious battery under s.
Robbery or attempted robbery under s. Lewd or lascivious offense upon or in the presence of an elderly or disabled person or attempted lewd or lascivious offense upon or in the presence of an elderly or disabled person under s. Sexual performance by a child or attempted sexual performance by a child under s.
Computer pornography under s. Poisoning food or water under s. Abuse of a dead human body under s. Any burglary offense or attempted burglary offense that is either a first degree felony or second degree felony under s. Arson or attempted arson under s. Aggravated assault under s. Aggravated stalking under s. Aircraft piracy under s. Unlawful throwing, placing, or discharging of a destructive device or bomb under s.
Treason under s. Any offense committed in another jurisdiction which would be an offense listed in this paragraph if that offense had been committed in this state. A violent felony offender of special concern, as defined in this section;. A person who is on felony probation or community control for any offense committed on or after the effective date of this act and who is arrested for a qualifying offense as defined in this section; or. A person who is on felony probation or community control and has previously been found by a court to be a habitual violent felony offender as defined in s.
Make written findings as to whether or not the violent felony offender of special concern poses a danger to the community. The nature and circumstances of the violation and any new offenses charged. The weight of the evidence against the offender. Any other facts the court considers relevant. Decide whether to revoke the probation or community control.
If the court has found that a violent felony offender of special concern poses a danger to the community, the court shall revoke probation and shall sentence the offender up to the statutory maximum, or longer if permitted by law. If the court has found that a violent felony offender of special concern does not pose a danger to the community, the court may revoke, modify, or continue the probation or community control or may place the probationer into community control as provided in this section.
The chief judge of each judicial circuit may, by administrative order, define additional sanctions or eligibility criteria and specify the process for reporting technical violations through the alternative sanctioning program. This law firm website and legal marketing are managed by MileMark Media. Close Menu. Home Call Email Search Menu. Click here for more information. How to Strengthen Commercial Trucking Safety ». Client Testimonials. If a probationer commits a low-risk technical violation of probation and has not previously been found in violation of probation and does not qualify as a Violent Felony Offender of Special Concern , the court must modify or continue probation.
If the court elects to modify probation under this requirement, the court can impose up to 90 days in jail as a special condition of the modified probation.
Continuation of probation is the most infrequently used method of resolving probation violations. In those rare cases where a judge finds a person in violation of probation but decides against revoking or modifying the probationary term, the judge will admonish the probationer and simply continue reinstate them on probation with a warning against future violations.
As a threshold matter, in order to support a finding that a probationer violated probation, the prosecutor must prove the alleged violation was both willful and substantial. Probation may not be revoked based on a non-criminal traffic violation absent a special condition of probation preventing a person from driving.
A frequent basis to violate a probationer's probation is to allege that they were in possession of contraband, such as drugs or weapons. However, if the contraband is not found on a person or in the person's exclusive possession, the State must prove that the probationer had knowledge of the presence of the contraband and the ability to exercise dominion and control over the same.
Absent independent evidence supporting both elements of constructive possession, a judge is required to dismiss a violation of probation based solely on the constructive possession of contraband. Very frequently, probation officers will show up at a probationer's home in the middle of the night to conduct a curfew check and if the probationer does not answer the door, the probation officer will file a violation of probation.
When faced with an allegation a person violated a curfew imposed as a condition of probation, evidence that no one answered the door in response to a knock is legally insufficient to prove the curfew violation without other evidence showing the probationer was not at home sleeping.
Before a probationer can be violated for failure to pay a financial obligations, there must be an inquiry into whether the probationer had the ability to pay and willfully failed to do so. If the State does not prove the probationer had the ability to pay, then the violation of probation must be dismissed.
A violation of probation will not be upheld when factors beyond a probationer's control, such as a medical emergency, rather than a deliberate act of misconduct, result in the probationer's noncompliance with probation. A probationer's good faith and reasonable attempts to follow probation instructions will not support a willful violation of probation if the alleged violation is the result of negligence or ineptitude.
However, a violation will be upheld if the careless or negligent conduct that led to the violation rises to the level of deliberateness or willful blindness. Absent a judge imposing a beginning and ending date for completing a special condition, it is a defense to a probation violation that there is sufficient time remaining to complete the required special condition.
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