Miami Probation Violation Lawyer
What Is Probation Violation?
A probation violation occurs when a person who is on formal or informal probation violates one or more terms of his or her agreement. For example, one mandatory requirement may be that the defendant checks in with his or her probation officer once a month.
A failure to report to one's probation officer may qualify as a violation of probation and may result in the immediate arrest of the individual on probation, as well as the possibility of facing criminal penalties.
What Happens If You Violate Probation?
When your probation officer becomes aware that you have committed any type of violation or believes that you have violated probation, he or she will have the authority to arrest you and bring you before the Florida court. You will be entitled to a hearing, however, to contest this violation.
Types of Probation Violations:
- Failure to report to probation officer
- Associating with known criminals/gang members
- Drug or alcohol abuse
- Failure to appear in court
- Failure to pay victim restitution or court-ordered fines
- Failure to attend court-ordered counseling
- Arrest for a new criminal offense
That is where a Miami probation violation attorney plays a crucial role. Because you have the right to due process and because this is a legal matter, having a professional to represent your interests may make the difference between you remaining on probation or having to serve the rest of your sentence in jail.
Can You Violate Probation and Not Go to Jail?
It depends on the circumstances of the violation and the judge’s ruling, which could include reestablishing your existing probation or altering your probation with additional restrictions. This could be the penalty if the Court deems the violation a minor infraction. However, in the event that the violation was related to a new criminal offense or was considered a major violation, then you may face potential jailtime.
Typically, the judge will look at the intent behind the violation, for example if the violation was done deliberately, the testimony of the probation officer, and any evidence provided. That’s why it’s imperative you have the representation of an experienced probation violation attorney in Miami, FL.
Have You Been Accused of a Probation Violation in South Florida?
Miami criminal attorney Michael Mirer may be able to help you. By talking to a criminal defense attorney about your situation, you can learn more about your legal rights and what you can do to challenge the allegations that you have violated probation.
No matter your particular violation, our Miami probation violation attorney can help; contact the Law Office of Michael Mirer, P.A. today for a free consultation!
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