According to Florida law probation, is defined as “community supervision” or as an alternative to imprisonment. Probation requires that the person complete certain requirements, imposed by the court and attends regular meetings with a probation officer.
It is the court’s discretion to sentence someone to probation or community control in Florida, as an alternative to imprisonment, when a person is found guilty or enters a plea to a non-felony offense.
The court may also assign felony offenders who are found guilty or enter a plea to a crime to probation or community control. Persons convicted of capital felonies do not qualify for probation or community control.
The courts in Tampa, Clearwater, and St. Petersburg Florida punish violations of probation severely, and they can either revoke or modify the terms of your probation. The person accused violation of probation should hire an attorney experienced in fighting probation violation cases in Florida.
The court can enforce up to the statutory maximum term of jail or prison for a conviction. However, the court can also offer you a second chance, and the terms of your probation will remain the same.
Tampa Probation Violation Attorneys
Frank de la Grana and Scott Boardman are knowledgeable and experienced Florida criminal attorneys, and will fight for you and help you avoid serious penalties and punishments for allegations of violations of probation. Call the law offices of de la Grana | Boardman at (813) 248-0704 for a consultation about your probation violation today.
If arrested for violating probation, you will be permitted to have a hearing in front of a judge, but no jury, since you have already been sentenced to probation for the crime, you committed.
Once your probation hearing is scheduled, the judge listens to the facts of your alleged VOP and determines if you violated any of the terms or conditions. The probation violation is not a new criminal charge, so you can be forced to testify against yourself and that testimony can be used against you.
Also, the prosecuting attorney in a probation violation hearing does not need to prove your guilt “beyond a reasonable doubt.”
They just have to prove you “more than likely” violated probation. Therefore, legal representation is imperative at the hearing because it will be easier for a prosecuting attorney to win a probation violation hearing than a regular criminal conviction.