Miami Probation Violation Attorney
If you have been convicted of a minor crime, you may be ordered punishment in lieu of jail time, such as probation. Probation is a sentence imposed by a court that allows individuals who have been convicted of a crime to serve their sentence in the community under the supervision of a probation officer, rather than being sent to jail or prison. Probation is often used for first-time offenders or those convicted of less serious crimes. It typically comes with certain conditions that a person must adhere to, such as regularly reporting to their probation officer and refraining from criminal activity.
However, being on probation is not easy for a lot of people. Probation comes with numerous terms and conditions, and violation of any of them can result in additional penalties, including imprisonment. If you have violated probation, seek legal help from a Miami probation violation attorney from Asilia Law Firm today.
Types of Probation
There are various types of probation based on the nature of the crime. Here’s a look at some of them:
- Administrative probation. This is a mild form of probation. It refers to a form of supervision that does not require contact or reporting and is meant for offenders who do not pose a significantly dangerous threat to others in the community.
- Community control. On the opposite end of the spectrum is this type of probation, which refers to a form of rigorous, controlled custody within a community. The offender is isolated to a community or residential space that maintains strict guidelines and operates under sanctions.
- Mental health probation. This refers to a specific variety of probation that combines general mental health treatment and plans tailored to individuals. Offenders will receive strict treatment and drugs as needed.
- Sex offender probation. This type of probation refers to a type of supervision that may include forms of electronic monitoring and requires the treatment of registered sex offenders. Offenders must follow treatment plans and take part in polygraph testing.
Conditions of Probation
The terms and conditions of probation will vary depending on the circumstances of the case. The court will decide on the conditions, which may include the following:
- Reporting to a probation officer as ordered
- Allowing the probation officer to visit their home
- Staying within a designated area
- Living without violating additional laws
- Repaying the losses suffered by the victims as a result of the crime
- Supporting dependents
- Paying a debt owed to the State of Florida
- Not associating with people who are taking part in criminal activities
- Taking part in random alcohol or drug testing
Probation and Community Control
Probation can be sponsored by several organizations including the Department of Corrections, County Probation Office or Salvation Army. A person placed on probation usually has an individual with whom they must report at least once a month and who will monitor their situation to make sure that fines are paid, restitution is paid, community service is performed and jail sentence is completed. Community Control is very similar to probation except it is more intense and requires a greater amount of supervision on the part of the Community Control Officer. Many times people call community control house arrest. This is not completely accurate but it helps to illustrate the greater degree of supervision required in a community control sentence.
Violation of Probation
When you are placed on probation or community control you are advised of the conditions of that supervision. Should you violate those conditions by intentionally and materially breaking the rules then you run the risk of having that probation or community control violated. A judge will be asked to sign a warrant for your arrest and you may be kept in the County Jail pending the results of the violation hearing without bond. A judge has the authority to set bond but the judge is not required to set a bond.
Probation Violation Hearing
You have the right to have a criminal defense lawyer represent you at the violation hearing. If you cannot afford an attorney and wish to have an attorney and qualify under Florida law, you will be entitled to a public defender to represent you. You will be brought before a judge and provided a copy of the charges against you. You will be asked if you admit or deny the violation. If you deny the violation, your matter will be set for a hearing before the judge. You do not have a right to a trial by jury on a violation hearing.
Contact a Skilled Miami Probation Violation Attorney
If you admit the violation then that is the same as pleading guilty to the violation and the judge will impose a sentence. Because people who violate their probation or community control are almost always looking at a certain period of incarceration, it is very important that they have the advantage of having the legal counsel of a skilled probation violation attorney.
Contact Asilia Law Firm today to learn more about your legal options when facing probation violation charges. Defend yourself with help from a Miami probation violation attorney from Asilia Law Firm. To schedule a consultation, fill out the online form or call (786) 420-3014.