Articles Posted in Violations of Probation

In Florida, you can be in violation of the terms of your probation for many, many different reasons. Even something as simple as missing an appointment with your probation officer can lead to revocation of your probation and a sentence of years behind bars. While the state has the authority to find you in violation for a host of reasons, the burden during your probation hearing always falls on the prosecution to prove each element of the violation, not for you to prove that you didn’t violate. That means that, with the help of a skilled Tampa Bay probation violation lawyer, you have many ways to defeat the state’s case, whether it’s affirmatively disproving the violation or simply persuading the court that the state didn’t meet its burden of proof.

Take, for example, B.W., a Pasco County man charged with misdemeanor petit theft in 2019. He pled no contest and the court sentenced him to 12 months of probation. The court also ordered him to pay court costs and fines, and to perform 50 hours of community service.

By late September of that year, the state was back in court seeking a judgment that B.W. had violated his probation. The prosecution alleged that the man had stopped showing up for appointments with the probation department, had failed to pay the fines and court costs he owed and had failed to perform his community service.

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When you are facing an allegation that you violated your probation, every detail matters, as each detail may represent a piece of the puzzle that is your defense. Sometimes, the difference between defeating a violation case and going back to jail for several years may be something that seems very small to you. A skilled Tampa Bay probation violation lawyer, however, can spot those seemingly-small-but-actually-very-important details and utilize them to keep you from going back to jail.

Look at the probation violation case of J.T., a Brevard County man, and you can see just much these small pieces of the puzzle can matter.

Several months after J.T. got out on probation, J.T.’s probation officer filed papers with the court alleging that J.T. was in violation. Specifically, the officer accused J.T. of reporting a false address and changing his residence without obtaining the probation officer’s prior approval.

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Here in the State of Florida, probation is something that you need to take extremely seriously. There are so many ways you can be charged with a violation of probation and could have your probation revoked. Of course, there are also lots of situations where you can be wrongfully charged with a violation of probation. Just as much as you take your probation seriously, you should also take any charge of violation of probation with the utmost seriousness. That means reaching out to a knowledgeable Tampa Bay probation violation lawyer immediately.

A song in a famous Mel Brooks musical comedy contains the whimsical lyric, “It’s what you oughtn’t to do but you do anyway.” For one Punta Gorda woman free on probation, her alleged actions during a “video visitation” at the Charlotte County Jail, as reported by thesmokinggun.com, would be something that fell into that category.

On August 8, the woman, D.F., traveled to the jail to visit C.T., a male inmate. According to the facility’s Jail Intelligence Detective, who reviewed the footage of the pair’s video visitation, the two “frequently talked in a lewd manner speaking of sex, sexual organs, and sexual activities.” That part was OK.

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Many times, your probation may carry with it certain conditions. One common condition is to require that you be at home during certain hours of the day. When you have conditions like that, you can expect curfew checks by your probation officer. If your probation officer makes a check and can’t find you, you may be charged with a technical violation of your probation and have your probation revoked. This, of course, is a very serious thing that should motivate you to obtain skilled legal counsel from an experienced Tampa Bay probation violation attorney. Just because your probation officer came to you home but didn’t find you, that doesn’t always mean that you violated the conditions of your probation. Sometimes, the state’s evidence is simply not enough to uphold a finding of a violation, and your knowledgeable attorney can help you make that case.

For example, take K.E., a Tampa teenager who had been sentenced to one year of imprisonment and three years’ probation. The probation included several specific obligations, including that K.E. be at home from 10 pm to 6 am every day.

In April 2019, K.E.’s probation officer performed a curfew check at 5 am. She twice knocked on the home’s front door and called inside, but no one answered. After 10 minutes, she left. Five days later, the officer returned. This time, it was 5:30 in the morning. The front door was ajar, and she could see a man sleeping on the couch, whom she did not recognize to be K.E. She knocked and called inside, but the man on the couch remained asleep and no one answered the door.

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798531-violation-of-probationA violation of your probation in Florida can be an extremely serious matter. If you’re found in violation, that can mean your serving many more years in jail than you otherwise would have without the violation. Given that many years of your freedom can be on the line, it is exceptionally important that you take a violation of probation matter very, very seriously. Be sure you have a knowledgeable Pinellas County probation violation attorney on your side to protect your rights and your freedom.

I.H. was someone who was out on probation but who did not stay out on probation. The state asserted multiple bases for violating I.H.’s probation. While I.H.’s probation was ultimately violated because he admitted in open court that he committed the crime of resisting a police officer without violence, his case still went before the Second District Court of Appeal. The part of that court’s ruling addressing some of the other alleged bases for violating I.H.’s probation offers some potential good news for others on probation.

In I.H.’s case, the state alleged he failed to pay court costs and failed to pay the costs of his drug testing. These were two of the “special conditions” of I.H.’s probation. A court may order a probationer to pay court costs and to pay for his drug testing as special conditions of probation, and violate that probationer’s probation if he doesn’t pay. The key thing is, though, that the trial judge has to explicitly include those conditions in the order of probation. If a condition (like paying court fees or drug testing charges) is not included in a person’s order of probation, the probation cannot violate the terms of his probation by failing to do it.

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798531-violation-of-probationIt can be easy to confuse probation and community control in Florida, but they are actually quite different. A person under community control can only leave his/her residence to go to work, to attend class (if he/she is a student), to perform public service, to attend medical treatment appointments or other activities (such as church attendance or completion of errands that the officer approves in advance.) In other words, one can think of community control somewhat like “house arrest.”

Probation and community control do have some things in common, however. One that the two are similar is that a violation can have extremely severe negative impacts, including having to go back to jail/prison for a period of many years. If you find yourself having been accused of a probation violation or a community control violation, make sure you act promptly to retain an experienced Pinellas County criminal defense attorney.

C.B. was an example of someone facing that type of major setback. He was out of prison on community control. However, the state charged with violating his community control by “failing to remain confined to his approved residence except as approved by his community control officer.”

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798531-violation-of-probationSometimes, even a seemingly minor crime can (depending on your circumstances) create big problems for you. That’s especially true if you’re on probation, where even a misdemeanor conviction may trigger a revocation of probation. The revocation of your probation could mean spending years in jail that you otherwise would have avoided.

That’s why, when there’s a potential probation revocation on the line, don’t take risks. Instead, fight the charge aggressively and contact an experienced Tampa Bay criminal defense attorney about your case.

For an example of how all this can work, there’s the case of A.N., which began after police in Hillsborough County were called to a motel on the basis of a “domestic violence incident.” The police officers who responded spoke with the alleged victim, and then spoke to A.N. (the alleged perpetrator) through an open window. They told the man they intended to arrest him for domestic battery.

If you or a loved one faces criminal charges, the first objective, obviously, is to attempt to secure a “not guilty” verdict. This is not, however, the only objective. Even after a “not guilty” verdict is out of reach, it is still important to have counsel on your side to ensure that the sentence the court hands down is not unjustly long. This was the case for a man accused of burglary and theft crimes, who successfully appealed a trial court’s decision to impose a statutory enhancement to his sentence.

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From the Tampa Bay Times, an article about the different tactics the HCSO uses to combat crime in a neighborhood…

Thanks in part to the help of a local community watch organizer, Tampa residents in the Clair-Mel area may at last be getting some relief. Hillsborough sheriff deputies, prodded by the neighborhood watch, sprung into action a few weeks ago. The deputies arrested dozens of men and women on warrants, drug violations and other offenses.

To the community organizer it was long overdue. “A lot of folks don’t want to speak up because they’re afraid of what’s happening, of all the violence,” she said. “Am I afraid? Not enough to not stand up and say there’s a problem here.” she stated.

Many Florida residences are often accused of crimes involving the illegal possession of controlled substances defined under Florida Statute section 893.13. Often people accused of these crimes are first time offenders or have often score non-state prison under the sentencing guidelines. Citizens scoring non-state prison are eligible for a term of probation that includes supervision by the Department of Corrections. A term of probation is often a very appealing offer from the State Attorney’s Office because in can used in place of jail or a prison offer or insure that the client is not a convicted felon. However, many people are placed on drug offender probation for drug offenses without knowing the strict conditions imposed during the super vision period. Additionally, people do not fully understand the ramifications of violating drug offender probation. It is essential that people placed on probation understand the requirement and the consequences of the supervision BEFORE he or she agrees to go on probation.

Drug offender probation is defined in Florida statute section 948.20. If it appears to the court upon hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of Florida statute section 893.13(2)(a) or (6)(a), the court may either adjudge the defendant guilty or stay and withhold the adjudication of guilt; and, in, either case it may stay and withhold the imposition of a sentence and place a defendant on drug offender probation. This allows people accused of drug crimes to plea to the charge and not be a convicted felon. However, strict requirements must be followed. Under Florida Statute 948.20(1) drug offender status shall include surveillance AND random drug testing.

What does this mean? If you agree to a term of probation, the probation officer will have the opportunity to search your house at any time without first obtaining a warrant from a Judge. This means at any time for any reason, your probation office can show up to search for any illegal items. You have essentially waived your rights to unlawful search and seizure afforded by the constitution. Second, under Florida Statutes you are REQUIRED to be randomly drug tested. You can expect to check into a website on a daily basis and if your number is called you must provide a sample of your urine. Failure to do so in a timely manner may violate your probation.

Additional conditions of drug offender probation may include a curfew from 10pm to 6am. Probationers may not leave the county without permission of his or her probation officer. Client’s placed on probation must pay $55 per month in costs of supervision. All financial requirement including fines and court costs MUST be paid by the end of the term. Failure to do so may result in a violation of probation warrant.Any violation of these terms of conditions will lead to a violation of probation warrant issued for your arrest. Once the warrant is issued, you will be entitled to a bond and will be held in custody on a zero bond status. This means no matter how much money you may have you are not eligible to be bonded from jail. You may be plucked from your home or car and be sitting in the jail for days or weeks before a Judge agrees to give you a bond. In many cases, if you violate your probation you may do more jail time than originally offered for your sentence.

Before you decide to take a probation sentence, be familiar with the terms and requirements BEFORE you agree to take the deal. In many cases, people serve longer jail sentences on a violation of probation than the jail offer on their original charge. Agreeing to be placed on probation can be a wise decision. It may keep you from being a convicted felon and could keep you out of jail. However, be aware of the strict conditions imposed on probation. Understand that any violation of probation can land you in jail without the possibility of bonding out. It is important to realize that people often serve longer jail sentences for a violation of probation charge than on the offer on the original underlying drug charge. If adjudication was withheld, an admission of the violation of probation will erase all the hard work and effort to keep from being a convicted felon.
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