Violation Of Probation

Criminal Lawyer

A person who violates his probation faces a potential sentence up to the maximum statutory sentence:

1 year in the county jail for a first degree misdemeanor.

5 years in state prison for a third degree felony.

15 years in state prison for a second degree felony.

30 years in state prison for a first degree felony.

In Violation of Probation or VOP cases, the Judge has very broad discretion. Although the judge has the ability to always give the statutory maximum sentence,he doesn?t have to do so. The judge has the ability to reinstate, modify, or revoke supervision, the judge is NOT required to follow the sentencing guidelines.

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A Defendant charged with a VOP does NOT have the same Constitutional rights that one would have prior to their sentence of probation or community control (house arrest). First, Defendants do NOT have a right to a jury trial. Instead, Defendants can only have non-jury trials in front of the judge. Second, the state does NOT have to prove guilt beyond all reasonable doubt. Instead, Defendants can be convicted of a VOP if the judge is

simply satisfied that a violation has occurred. Third, Defendants do NOT have the right to remain silent and can be compelled to testify against themselves at a VOP hearing. Finally, the rules of evidence allow evidence to be used against Defendants at a VOP hearing that would normally be inadmissable. Some people think that once they already violated their probation they can do anything they want because they have nothing to lose.

However, Defendants who have been violated need to remember that they are still on probation, even after being violated. It is important for them to keep reporting to their probation officers and to try to complete any other outstanding conditions of probation as quickly as possible. The judge is more likely to reinstate if a Defendant learns from his mistakes after a minor violation.

I am an experienced Board Certified

Trial Specialist. Less than one percent of attorneys in Florida are Board Certified. Only Board Certified attorneys are permitted to call themselves specialists or experts in Criminal Law. Common sense dictates that you don't hire a family doctor to perform brain surgery - you hire a specialist. Likewise, because your freedom is at stake, don't make the mistake of hiring a criminal lawyer who isn't recognized by the Florida Bar as a specialist in criminal law. Instead, hire a criminal

attorney who is Board Certified.

If you need a criminal defense lawyer because you are charged with violating your probation or community control in Clearwater, New Port Richey, or somewhere else in the Tampa Bay area, don't hesitate to call an experienced board certified criminal attorney. We offer Free Consultations and individually suited Payment Plans