Violation of Probation

Will Your Criminal Arrest Lead to a Violation of Probation?

Orlando Crime Attorney Tracey Kagan Fights All Florida Violation of Probation Charges

Violating your probation can set off a chain of events that could result in you facing a tougher criminal court environment in which you may end up getting the maximum jail time for your original crime. Orlando Crime Attorney Tracey G. Kagan has spent over two decades fighting violation of probation charges in Central Florida and has a proven track record of winning violation of probation criminal cases. If you have been arrested and you know that your arrest will violate your probation then contact Orlando Criminal Defense Attorney Tracey Kagan for a free and confidential legal consultation.

Florida Violation of Probation Charge – Orlando Crime Lawyer

Violation of Probation Attorneys in Orlando

A violation of probation proceeding is much different than being charged with a new crime. Because you have already been sentenced to probation, you have less protection than if you were charged with a new crime. Some examples are:

  • No statute of limitations; Can’t wait out the VOP,
  • No right to a bond while awaiting a hearing,
  • No right to jury trial in a violation hearing,
  • Hearsay is admissible against you,
  • You can be forced to testify against yourself, and
  • Guilt does not have to be proved beyond a reasonable doubt.

  • As you can see it is much easier for the State to prove a violation. Nevertheless, there are defenses to a violation of probation and I have successfully defended hundreds of clients accused of violating their probation.

    Violating Probation in Florida – Orlando Criminal Lawyer

    Aggressive Criminal Defense Attorney in Orlando fights VOP Charges

    After you are placed on probation, you are advised of the conditions of your probation by the judge or a probation officer. Should you disobey the conditions, you run the risk of having you probation violated.

  • There are two types of probation violations you can commit:
  • Technical Violation
  • Substantive Violation

  • Technical Violations of Probation – Criminal Defense Lawyer

    Florida Criminal Defense Attorneys that defend Violation of Probation charges

    A technical violation is any violation of either your general or special conditions of probation.Examples of technical violations include:

  • 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, etc.
  • Actual Innocence,
  • Full Compliance, or
  • Inability to Prove (Insufficient Evidence)
  • Reinstate your Probation,
  • Modify your Probation, or
  • Revoke your Probation.

  • Substantive Violation of Probation Charges

    Orlando Criminal Defense Lawyer for a Florida Violation of Probation Charge

    Substantive violations of probation occur when you commit a new criminal offense.Importantly, even if the new criminal charge is dismissed or beat at trial, a prosecutor can still try to “prove-up” the offense at a VOP hearing. And, unlike a criminal trial, the burden of proof is only a “preponderance of the evidence” and there is is no right to a jury.

    Violating Probation Criminal Defense – Criminal Lawyer

    An Aggressive Orlando Criminal Defense Lawyer who defends VOP Charges

    Defenses to a charge of violating probation may include:

  • Actual Innocence,
  • Full Compliance, or
  • Inability to Prove (Insufficient Evidence)

  • Penalties for Violating Probation – Orlando Crime Defense

    Orlando Crime Attorney for Violation of Probation

    If you violate your probation a judge can do one of three things:

  • Reinstate your Probation,
  • Modify your Probation, or
  • Revoke your Probation.

  • Importantly, if a judge revokes your probation, Florida law allows the judge to impose the maximum penalty for the charge you were placed on probation for.

    For example:

    You are placed on two years of probation for Grand Theft and you violate by not completing an Impulse Control Class (Theft Deterrence Class).

    A judge could legally sentence you to five years in prison; even if you complied with every other term of your probation.