VIOLATION OF PROBATION VIOLATION OF COMMUNITY CONTROL
If you violate your probation, you can be sentenced to the MAXIMUM amount of time in jail or prison for your underlying charge. You need a bond and you need representation.
In Florida, violating your probation or community control is not something someone wants to do, but is unfortunately very EASY to violate. And the consequences are dire. You can be sentenced to the MAXIMUM amount of Jail or Prison for the offense you are on probation for. Probation is essentially a deal made with the Judge where you promise to be good and do all the things ordered. Violating probation is breaking that promise you made to the Judge. The good news is there are numerous defenses to your violation of probation, that an experienced Orlando / Osceola / Seminole / Volusia Brevard VOP attorney can use to protect you. Call 407.504.1384 now if you are concerned with your violation of probation.
WHO WHAT HOW AND WHY- THE VOP PROCESS
A first appearance Judge at the jail can violate your probation and give you a zero bond if you are arrested for a new law criminal offense. Alternatively, if you are arrested for a new law offense, you may get out of jail before anyone finds out about the fact you’re on probation. At that point, you are obligated to inform your probation officer within 24 hours of your release from jail that you were arrested. This is typically in your probation contract. Failure to report a new law violation to your probation officer is considered a technical violation.
Your probation officer can violate you for not doing community service, not doing enough community service, failing drug tests (you didn’t study hard enough), new law violations, not going to counseling, etc (technical violations).
The penalty for violating your probation depends obviously on your underlying charge or charges, and can be up to the maximum imprisonment under that charge. So essentially, they can send you to prison or jail for the max.
You are entitled to have a violation of probation hearing by which the State must prove by a preponderance of evidence that you violated your probation. An experienced criminal defense attorney will present you in the best possible light and fight for your rights to get your VOP dismissed or mitigate the damage to you.
Another factor in mitigation or enhancement is the basis for your violation. There MAY BE LEGAL DEFENSES to your violation of probation. To learn more, contact experienced criminal defense attorney Heiko Moenckmeier, Esq. at 407.504.1384 for your free consultation.
Can Myself or My Loved One GET A BOND on a no bond violation of probation?
One of the biggest consequences of an Orlando Kissimmee Brevard or elsewhere violation of probation is that you can be held without bond. It is not unusual for those accused of probation violation to sit in jail for days or weeks before they get in front of their Judge. Attorney Heiko Moenckmeier may be able to get a Bond for your violation of probation. It is a drawn out process but essentially bears around getting the State Attorney’s position on a bond (usually they object), and then filing the bond motion and getting a hearing time from the Judge. At that point we would have the bond hearing in front of the Judge laying out the reasons for the bond, and often times we are also able to negotiate a deal resolving the violation of probation at that time (especially if it is a technical violation). I can’t tell you how long it will take to get a bond, but we’re trying to expedite the process to get the person out of jail and back to their job and their loved ones. Why hire experienced VOP defense attorney Heiko Moenckmeier? I have defended hundreds of Violations of Probation in Orange Osceola Brevard Seminole Lake and Volusia County, and have had what I and my clients consider to be great success. The consultation is free, and you will speak directly to a real attorney, not a secretary or paralegal 407.504.1384.