Fort Lauderdale Probation Violation Lawyer
Whether you have been convicted of a theft crime or another criminal offense, there is a chance that you will have to serve probation. Probation is a form of legal supervision the court imposes on a defendant. A defendant can serve probation instead of jail time, or they may serve probation in exchange for a shorter jail or prison sentence.
The terms of probation are strict, and anyone serving probation is expected to meet all requirements. When they do not, it is known as a probation violation, and that can have very serious consequences. If you have not met all conditions associated with your probation, you need to speak to a Fort Lauderdale probation violations lawyer.
Types of Probation Violations
The two main types of probation violations are technical violations and substantive violations. Technical violations are those that involve a condition of probation not being met. Failure to report to a probation officer, failure to complete a required program, and a positive drug test are just a few examples of technical probation violations.
Substantive violations are much more serious than technical violations. A substantive violation means the person on probation has been accused of committing another criminal act. All probation violations in Fort Lauderdale are taken very seriously. However, a substantive violation will result in penalties for the violation, as well as new criminal charges that may result in further penalties.
Penalties for Probation Violations
If you violate the terms of probation, a judge in Broward County will issue a warrant for your arrest. Law enforcement will then serve you with the warrant and place you under arrest. At this point, a Fort Lauderdale probation violations lawyer may obtain a court date for a hearing to resolve the violation. If the violation can be resolved during the hearing, there is no need for jail time.
However, any time you violate probation, you may face up to one year in jail for the violation alone. If the violation was that you committed another criminal offense, you will face penalties for that offense if convicted, and may have to serve an additional year for the probation violation.
It is important to note that the burden of proof for the prosecution is lower during a probation violation hearing than it is during a criminal hearing. During a criminal trial, the prosecution must prove beyond a reasonable doubt that you committed a crime. During a probation violation hearing, the prosecution must only prove guilt based on a preponderance of the evidence. Essentially, this means the prosecution must only prove that you probably violated the terms of probation.
Call Our Probation Violations Lawyer in Fort Lauderdale Today
Probation can bring some relief to defendants because it may mean a reduction or elimination of jail time. Still, violations are taken very seriously. If you have been accused of violating your terms, I am Kevin J. Kulik, a Fort Lauderdale probation violations lawyer, and I can assist with your case. Call me today at 954-761-9411 or fill out our online form to schedule a free confidential consultation and to learn more about how I can help with your case.