Violation of Probation Defense Lawyer
Probation Violation Defense Attorney, Markeishia L. Smith: Serving Winter Haven, Lakeland, Bartow, Haines City, Polk County, and Central Florida.
Call (863) 866-9917 today to schedule a confidential consultation with Violation of Probation Defense attorney, Markeishia L. Smith.
If you are accused of violating the terms of your probation, you should know that it is not a new trial, but rather a hearing where a judge will determine if you did indeed violate the terms of your probation. In the Probation hearing, the burden of proof in a trial does not apply. The burden of proof in a Probation Violation Hearing is that there is a preponderance of evidence that you violated the terms of your probation. Simply put, that you probably did it.
If a judge determines that you violated the terms of your probation, the judge can revoke your probation and sentence you according to the sentencing guidelines for the crime that you were convicted of.
There are two types of Violations of Probation:
Technical Probation Violation: Technical violations of probation involves violations that do not relate to committing a new crime. They are essentially clerical in nature. Technical violations of probation include issues such as:
- Changing your address without permission
- Failure to pay court costs or fines
- Missing a probation meeting
- Being late to a probation meeting
- Not completing court-ordered classes
Substantive Probation Violation: This type of probation violation involves the individual committing new crime while on probation. Regardless if you were found not guilty of the alleged new crime, the judge in the Violation of Probation hearing may still revoke your Probation. Remember, the burden of proof in a Violation of Probation hearing is less than that of a criminal trial. The judge could decide that you willfully put yourself in the position where you would get arrested and not the victim of simply being in the wrong place at the wrong time.
An experienced attorney will seek to prove your innocence, show that you were actually in full compliance of the terms of your probation, or aggressively fight to show their is insufficient evidence to prove a violation of probation.
In the case of a Technical Violation of Probation, if your attorney can show the the Technical Violation was not deliberate or there were certain circumstances that were beyond your control, the judge may often give you leniency and simply re-instate your probation with a warning.
If you have questions regarding your Violation of Probation Defense legal needs, make sure your legal rights are protected.