Worried About a Probation Violation in Fort Lauderdale? Our Florida Criminal Defense Lawyer, Dave Simmons, Is Here to Help
If you've recently violated your probation in Florida, you're probably feeling anxious about what comes next. Whether it was missing a meeting with your probation officer, failing a drug test, or committing a new offense, even a minor misstep can lead to severe consequences. But don’t panic—our experienced Fort Lauderdale probation violation lawyer, Dave Simmons, is here to help you understand the charges you are facing and work towards a positive outcome.
Understanding Probation Violations in Fort Lauderdale
Probation violations in Florida are taken extremely seriously by the courts. Unlike a standard criminal charge, probation violation cases lack many of the constitutional protections you might expect. The burden of proof is lower, there's no right to a jury trial, and even hearsay evidence can be used against you.
Probation violations in Florida generally fall into two categories: technical violations and substantive violations.
Technical violations occur when you fail to meet a specific condition of your probation. Some common examples include:
- Missed meetings. Failing to check in with your probation officer as scheduled can quickly land you in hot water.
- Failed drug tests. Even if you're not using illegal drugs, certain prescription medications or alcohol consumption could trigger a violation.
- Incomplete programs. Falling behind on court-ordered treatment or education programs is a common pitfall.
- Travel restrictions. Leaving the jurisdiction without prior approval is a serious offense in the eyes of the court.
- Residence changes. Moving without informing your probation officer can be seen as an attempt to avoid supervision.
Substantive violations occur when you're arrested for a new criminal offense while on probation. The court often treats these more severely, as they suggest a failure to rehabilitate and a continued risk to public safety.
What Happens When You're Accused of Violating Probation
Here's a general overview of what you might expect if you are accused of violating your probation:
- Your probation officer files an Affidavit of Violation with the court.
- The judge reviews the affidavit and may issue a warrant for your arrest.
- You're arrested and often held without bond until your First Violation of Probation (FVOP) Hearing.
- At the first hearing, you'll have the opportunity to admit or deny the violation.
- If you deny the violation, a final VOP hearing will be scheduled where evidence will be presented.
- The judge will make a ruling and determine your sentence if found in violation.
Understanding In-Court Surrender for Probation Violations
When your Probation Officer believes you have violated probation terms, they submit an Affidavit of Violation to the Court. This sworn statement details the alleged violations and the evidence supporting them. The Court reviews this affidavit to determine whether sufficient grounds exist to issue a "Capias" (Bench Warrant) for your arrest. In felony cases particularly, these warrants typically include a "no bond" provision, meaning you would remain in custody until a bond hearing can be scheduled.
However, a Motion for In-Court Surrender offers an alternative to jail surrender. This legal strategy allows you to appear in court with your attorney rather than being processed through the jail system. When successful, this approach provides several advantages:
- You maintain control over the timing and circumstances of your surrender.
- You have immediate legal representation during your first appearance.
- You may avoid spending any time in jail if the matter can be resolved at the initial hearing.
At this First Violation of Probation (FVOP) Hearing, our defense team pursues several potential resolutions:
- Dismissal of the warrant based on insufficient evidence or technical defects
- Reinstatement of probation without jail time
- Modified probation terms that address the court's concerns while avoiding incarceration
- Release on bond or your own recognizance while the violation is pending
Our experience with probation violation cases helps us identify weaknesses in the state's allegations and negotiate favorable resolutions. We understand that maintaining your freedom and ability to work is crucial, and we fight to achieve these goals while addressing the court's concerns about compliance.
Legal Strategies to Defend Against Probation Violation Charges
If you violate your probation, the court has three sentencing options:
- Reinstating the original terms of probation
- Modifying the conditions of probation
- Revoking probation entirely
While probation violation cases can be challenging, several strategies can be used to defend your rights:
- Challenging the evidence. Your lawyer can scrutinize the evidence against you, looking for weaknesses or inconsistencies in the state's case.
- Demonstrating a lack of willfulness. If you can show that the violation was not intentional or was due to circumstances beyond your control, it may help your case.
- Negotiating alternatives. In some cases, it may be possible to negotiate modifications to your probation terms rather than face revocation.
- Presenting mitigating factors. To encourage leniency, your attorney can help present evidence of your positive behavior and progress while on probation.
Fort Lauderdale probation violation lawyer Dave Simmons has extensive experience defending clients against probation violation charges. He will protect your rights throughout the legal process and investigate the circumstances of your alleged violation. He will work with you to develop a strong defense strategy tailored to your specific situation.