Probation Violations
South Florida Probation Violation Lawyer
Florida Legal Help After Probation Violations
Have you been arrested in connection with a probation violation? At Frank Schwartz, P.A., we’re here to protect your rights.
A probation violation is a serious matter. If you’re found guilty, your probation could be extended. Worse, you could wind up having to finish out your sentence in jail or prison. Our South Florida probation violation attorney will fight tooth and nail to save you from these harsh penalties. With over 20 years of experience, we are highly skilled in representing clients in violation of probation (VOP) hearings. We will make it our mission to vigorously defend you.
For a free consultation, contact our South Florida probation violation attorney online today! Se habla español.
What Is a Probation Violation in Florida?
In general, there are two types of probation violations: technical and substantive.
Substantive Violations
Committing another crime while on probation will land you with a probation violation charge. These types of violations are called “substantive violations,” and they’re a slippery slope. Here’s why: If you are found not guilty of the criminal offense, the fact that you were charged may still work against you in a VOP, or violation of probation, hearing.
Unlike in criminal court, the burden of proof in VOP hearings is not “beyond a reasonable doubt.” The prosecutor only has to prove the violation was likely committed, or “by a preponderance of the evidence.” That means if the prosecutor can convince a judge that there’s a 51% chance you violated your probation, you will be found guilty at the VOP hearing.
Technical Violations
Technical violations are what most people lose sleep over, as they have to do with the specific terms and conditions of your probation. Since these conditions can be very restrictive, it can be easy to violate them unintentionally.
For instance, having a job is a requirement for many probation agreements. If you lose your job, you are supposed to report to your probation officer immediately, then start looking for another job. Some wait too long; others have trouble finding a job because they now have a criminal record. This can lead to a violation if the probation officer isn’t clear about what they expect from you during your job search.
A few examples of technical violations of probation include:
Florida Probation Violation Laws
Although probation is a great privilege, it can also be a hassle.
Under Florida law, probation for a misdemeanor lasts up to six months; felony probation can last up to a year. This time is often marked by all sorts of stress—in the home, on your bank account, and at work. Even when you fully intend to comply with your probationary order, it’s common to lose sleep over doing everything right.
Here are just some of the most common terms and conditions for misdemeanor and felony probation:
Consequences of Violating Probation in Florida
Community Control
A crime becomes a Federal offense when it violates U.S. Federal laws or when the crime is committed in multiple states. For Federal crimes, the investigation is conducted by both Federal and local law enforcement and prosecuted in a Federal court.
Some Federal crimes are terrorism, treason, drug trafficking, and violations of interstate commerce. While some crimes can only be prosecuted under Federal law, some state crimes can be classified as Federal crimes if certain factors are met. Some of these factors are an increase in the severity of the crime or if the injured party falls under Federal jurisdiction. Being convicted of a Federal crime can completely alter your life. When dealing with Federal courts, it's highly recommended to have representation. Our South Florida Federal crime attorney can zealously defend you and make sure your rights are protected.
How to Get Off Probation Early
Changing Your Probation Terms
- Reschedule mandatory classes
- Change hours of community service
- Move up the completion date for your probationary period
- And much more
We service clients accused of violating probation throughout South Florida including Broward County.
In a free consultation, our South Florida probation violation attorney will go over whether probation modification is an option for you.
Protect Your Freedom, Reputation, & Future
Why Choose Attorney Frank Schwartz, P.A.?
At Frank Schwartz, P.A., we offer proven legal representation in the surrounding South Florida communities. Since opening our firm, we have successfully tried well over 100 cases in state and Federal courts. There is no criminal case too complex for us. As a former prosecutor, Attorney Frank Schwartz has a breadth of knowledge and insight into how courts handle sentencing, probation, parole, and other criminal matters. With the guidance and aggressive legal skill of our South Florida probation violation lawyer, we aim to take a difficult time in your life and turn it around.
Frank Schwartz
Attorney & Founder
Frank Schwartz is a South Florida attorney who concentrates his legal practice in the area of criminal defense. Mr. Schwartz is proud to have established a highly successful and effective criminal defense trial practice in South Florida.
Work with Our South Florida Probation Violation Lawyer
Do you have questions about your probation? Or have you been accused of a probation violation? We’re here to help.
This time in your life can be stressful and confusing. Let our criminal defense team help you make sense of it. We work hard to help clients avoid further criminal charges, saving them from serving the remainder of their sentences in jail. We will work without rest to make sure you get the legal protections you deserve.
Contact Frank Schwartz, P.A., your South Florida probation probation lawyer online or at (786) 648-7983.
OVER 100 SUCCESSFUL TRIALS IN Federal & STATE COURT
MORE THAN 20 YEARS OF LEGAL EXPERIENCE
INSIGHT & KNOWLEDGE AS A FORMER PROSECUTOR
WORK DIRECTLY WITH ATTORNEY FRANK SCHWARTZ
WILL FIGHT FOR YOU LIKE YOU'RE FAMILY
FLUENT IN SPANISH
