Tampa Probation Violation Lawyer
Probation is a form of community supervision that requires you to have specified contact with your probation officer and otherwise abide by the terms and conditions of your probation. Probation can be granted in any criminal case that does not involve a capital crime where the defendant has been found guilty by a jury verdict or by the judge, or who has entered a plea of guilty or no contest. Probation may or may not be accompanied by adjudication of guilt in the court’s discretion.
While on probation, the court refrains from imposing any sentence based on the guilty plea or verdict, such as a jail or prison sentence. However, if you are found to violate the terms of your probation, you can be immediately sentenced based on your prior guilty plea or verdict. Nevertheless, you are still entitled to due process and have the right to argue that your probation should not be revoked. For instance, the state must be able to prove the alleged violation was “willful” to hold you accountable. You have the right to be represented by an attorney at your violation of probation (VOP) hearing.
Probation can be an excellent outcome in your criminal case, but you must comply with the terms of your probation. If you get picked up for VOP, contact an experienced criminal defense attorney who can represent you and argue against a revocation, extension or addition to your probation. Call Tampa probation violation lawyer Bryant Scriven of Scriven Law, P.A., for immediate assistance, practical advice, and aggressive representation in your Florida VOP matter.
What Are the Probation Terms That Can Be Violated?
The sentencing court can order whatever terms and conditions of probation the judge thinks are proper. Below are the standard terms and conditions of probation outlined in Florida law. You could be charged with violating your probation for failing to comply with any of the following terms as ordered in your probation.
- Report to the probation officer as directed.
- Permit the probation officer to visit you at your home or elsewhere.
- Work faithfully at suitable employment, if possible.
- Remain within a specified place.
- Live without violating any law. You don’t necessarily have to be convicted to be considered in violation of a law that could lead to your VOP.
- Make reparation or restitution to the aggrieved party for the damage or loss caused by the offense.
- Pay any debt due and owing to a county or municipal detention facility for medical care, treatment, hospitalization, or transportation received while in that detention facility.
- Support your legal dependents to the best of your ability.
- Pay any debt due and owing to the state.
- Pay any application and attorney’s fees and costs assessed for indigent legal assistance from the public defender.
- Not associate with persons engaged in criminal activities.
- Submit to random testing as directed by the probation officer or treatment center to determine the presence or use of alcohol or controlled substances.
- Be prohibited from possessing, carrying, or owning any firearm or any weapon without first getting the consent of the probation officer.
- Be prohibited from using intoxicants to excess or possessing any drugs or narcotics without a prescription. Do not knowingly visit places where intoxicants, drugs, or other dangerous substances are unlawfully sold, dispensed, or used.
- Submit to the drawing of blood or other biological specimens for the DNA database and otherwise as required, and reimburse the appropriate agency for the cost.
- Submit to the taking of a digitized photograph by the department as a part of your records.
Can Probation be Modified or Terminated?
If the state is attempting to revoke your probation, attorney Bryant Scriven can represent you in a VOP hearing to help you avoid serious consequences, such as having additional terms and conditions added to your probation, having the duration of your probation extended, or being sent to jail to serve your sentence or an enhanced sentence. It might also be in your best interest to seek an extension of your probation to allow you to complete its terms without being found in violation.
Even if you are not facing VOP, you might want to go to court and seek modification or termination of your probation. For instance, if a curfew was placed on you as a condition of your probation, and it is keeping you from working at your job, you might be able to get the curfew lifted or changed. If probation is keeping you from having contact with your kids, you might be able to get this term lifted if you can demonstrate it would be in the child’s best interest to have contact with you. If you need to travel for work or family reasons but your probation limits where you can go, we might be able to help you get permission to travel. Early termination is also a possibility in certain circumstances, so it is worthwhile to visit with an attorney about whether early termination is possible in your case.
Get Help With Probation Matters From an Experienced Tampa Criminal Defense Lawyer
If you are being charged with violation of your probation or need to make changes to the terms of your probation, call Scriven Law, P.A., at 813-226-8522 to discuss your needs with a skilled and experienced Tampa probation violation lawyer.
