Cape Coral Probation Violation Defense Lawyers
Probation is an alternative to incarceration. Getting probation is the result of your attorney negotiating with the prosecutor for you to enter a guilty plea in exchange for probation. By accepting probation, you avoid any jail time and get to stay with your family and keep your job. However, probation comes with a long list of terms and conditions that must be met, and some are easier to follow than others. Violating the terms of probation can mean you are sent to jail to serve out your sentence without a trial based on your previous guilty plea. However, you are entitled to a hearing regarding your alleged violation of probation, and Foley & Wilson Law Firm can represent you there. Our attorneys have over 45 years of experience in Florida criminal law working both as prosecutors and criminal defense counsel. We know the law and legal process when you are facing a violation of probation and can help you achieve a successful outcome. Contact our experienced Cape Coral probation violation defense lawyers today.
Standard Florida Terms and Conditions of Probation
Probation beats jail, but living under the supervision of the court and your probation officer isn’t free from difficulties. Your probation subjects you to a long list of terms and conditions, and it can be all too easy to inadvertently violate your probation, and in some cases it may be impossible to comply with all conditions and still keep your job or see your kids regularly. If you find yourself charged with violating the terms of your probation in Cape Coral, contact Foley & Wilson Law Firm to represent you at your violation of probation hearing.
Below are the standard terms and conditions that apply to most grants of probation in Florida. The sentencing court has the discretion to fashion the terms and conditions differently as the judge sees fit.
- Don’t break the law. Committing a new offense is a “substantive” violation of probation, while failing to comply with the other terms and conditions listed below are “technical” violations. Committing a new crime is a substantive violation of probation even if you aren’t convicted and can result in revocation of probation.
- Report to your probation officer regularly and as required.
- Allow visits to your home by the probation officer.
- Maintain suitable employment, if possible.
- Remain within the state, county, or other locality specified in your probation order.
- Pay any restitution to crime victims required by the court.
- Pay for medical treatment costs incurred while in detention, if required.
- Provide financial support to your spouse, children, or other dependents.
- Pay any debts or obligations owed to the state of Florida.
- Don’t associate with individuals engaged in criminal activity.
- Submit to random alcohol and drug testing as required by your probation officer.
- Do not own, carry or possess any firearm or weapon without first getting consent from your probation officer.
- Refrain from alcohol or drug abuse.
- Submit a blood sample to the DNA database as required. You must pay the costs of this service as well.
- Submit to having your picture taken by the Department of Corrections.
Due Process Required in Violation of Probation Proceedings
Due process means that you are entitled to be notified of the supposed violation of probation, and you must be given the opportunity to defend yourself in court before the judge can revoke your probation. Although you don’t necessarily have the full range of constitutional rights of a defendant in a criminal trial, you do have the right to challenge the evidence against you, submit evidence and testimony of your own, and be represented by an attorney.
If the terms of the probation are so restrictive that they are interfering with your ability to hold down a job or maintain contact with your kids, it might be possible to get your probation modified or even terminated early. In addition to defending you in a violation of probation hearing, our attorneys at Foley & Wilson Law Firm may be able to help you pursue a modification of your probation terms as well.
Contact Foley & Wilson Law Firm for Probation Violation Defense in Cape Coral
If you are being charged with violation of probation in Cape Coral, or if you need help seeking modification of your probation terms, contact Foley & Wilson Law Firm to explore your options and find out how we can help.
