Probation is a consequence of entering a plea in open court. Being on probation means that you can live your life while being supervised by and regularly reporting to a probation officer.
Sometimes the court imposes probation because it is more efficient and effective punishment than prison. Other times, it is part of a deal that requires the court to withhold adjudication as long as the probation is completed successfully.
If the probation is completed successfully, then the court will never adjudicate the person guilty of the offense. In many of these cases, the withhold of adjudication means that the person is eligible to seal the criminal record after probation is completed.
Violation of probation, however, may cause a person to be adjudicated for the underlying offense. If the probation violation is proven, then the court can impose any sentence it could have originally imposed up to the statutory maximum.
Once a probation officer believes that a violation has occurred, he or she will file an affidavit with the appropriate judge. The judge will then issue a warrant, usually a "no bond" warrant, for the probationer's arrest. A person typically remains in jail until the hearing on the probation violation, although the court is also allowed to release the probationer on bond.
If you have a felony probation violation, then contact an experienced criminal defense attorney at Meltzer & Bell, P.A. in Fort Lauderdale, FL.
Meltzer & Bell. P.A. attended the violation of probation hearing on the Defendant’s behalf. The Defendant was exposed to 5 years in prison if found in violation of probation and would have become a convicted felon. It should be noted that the Defendant had failed to pay almost $18,000.00 in restitution that had been previously ordered by the court. Meltzer & Bell, P.A. was able have the Defendant’s probation reinstated and prevented the Defendant from becoming a convicted felon and he was released from jail the very same day. >>> Read More Probation Violation Case Results
If you believe your probation officer suspects a violation and will submit an affidavit, time is critical. Act fast. An attorney can represent you in the proceedings and seek the best possible result. At Meltzer & Bell, P.A., we help people on probation and community control avoid losing their options, and negotiate better conditions.
Your case is important to us. You'll have an experienced partner available to you 24 hours per day, seven days per week. We will never hand your case off to a less-experienced associate. Call a skilled Fort Lauderdale probation violation lawyer today at (954) 745-7457 to set up a free consultation so they can begin work on your case.
We represent people throughout Broward County, including in Fort Lauderdale, Pembroke Pines, Hollywood, Coral Springs, Deerfield Beach, Pompano Beach, Weston, Miramar, Davie, Plantation and Wilton Manors.
Our first goal in these cases is to represent the client at the first appearance hearing at the Broward County Courthouse located at 201 S.E. Sixth Street, Fort Lauderdale, Florida. We attend the first appearance hearing to fight for our client's release from custody while the VOP is pending.
The court uses video links to any and all facilities where the arrested individual is detained by the Broward County Sheriff. After you surrender on the warrant or are picked up, you will appear before a judge within 24 hours of your arrest.
The First Appearance docket is often conducted at 8:30 a.m. and 1:30 p.m., on Monday through Thursday of each week and at 8:30 a.m. and 1:00 p.m. on Friday. On court holidays, Saturdays, and Sundays the First Appearance docket is usually conducted at 8:30 a.m. only.
If an individual is detained on a misdemeanor violation of probation warrant with no bond or is unable to post bond, he or she shall have an initial hearing on the violation of probation as required by law or rule of procedure at the date and time as set by the judge. A status conference on the misdemeanor violation of probation, after the initial hearing, shall be heard as required by law,
A status conference on the misdemeanor violation of probation, after the initial hearing, shall be heard as required by law, rule of procedure, or other administrative order for the 17th Judicial Circuit within five (5) court business days before the division judge. At first appearance, the violation probation status conference is usually scheduled.
When appropriate, the criminal defense attorneys in Fort Lauderdale, FL, at Meltzer & Bell, P.A. are ready to appear with you are your first appearance to ask for your immediate release from custody while the violation of probation case is pending.
While under probation, you will live at your home with your family and work at your job. However, you will be under both general and special terms of probation.
General terms are set by the Department of Corrections or the company that has been selected to oversee probation. Special terms are imposed by the court, or are part of a plea agreement.
The special conditions of probation in Broward County, FL, can include:
Community control means constant monitoring by an ankle bracelet. Our skilled attorneys at Meltzer & Bell, P.A. can negotiate community control in lieu of more severe prison sentences.
For probation and community control, there are "substantive violations" and "technical violations." A substantive violation is one in which the person is accused of committing another criminal act. Technical violations mean the person on community supervision violated a term of his or her probation or community control.
While there is a difference, either a technical or a substantive violation can result in sanctions. A violation can mean that the judge imposes stricter terms. It can also mean that the person under community supervision goes to prison and serves the rest of his or her term there.
If you believe your PO may submit an affidavit to the supervising court, the time to act is now. Your lawyer can represent you and argue why a violation didn't occur or does not merit a change in your probation. Your attorney may even be able to negotiate for better, more workable terms.
According to Administrative Order Number 2012-11-Crim, the Chief Judge in the 17th Judicial Circuit, has recognized that Florida Statute §948.06, Fla. Stat., authorizes a procedure for warrantless arrests for violations of probation or community control. The use of the procedure will be
The use of the procedure is considered to be a cost savings measure to the State of Florida because it reducees the time and paperwork required to secure a violation of probation or community control warrant and thereafter take an individual into custody.
In Broward County, the procedures for a warrantless arrest for violations of probation or community are set forth in Florida Statute §948.06, authorized for use in circuit court criminal proceedings. The Sheriff for Broward County shall immediately notify the Clerk of Courts and Department of Corrections when a probationer or community controllee is arrested, booked, and processed at a Broward County Jail facility.
The Department of Corrections must file an affidavit of violation of probation or community control, or a notice that no affidavit will be filed, with the Clerk of Courts within seven (7) days of the arrest.
Probation for misdemeanor offenses is overseen by the Broward County Sheriff's Office Probation Division. You will be expected to report to one of the different locations across the county including:Probation Main Office
North Office for Probation
South Office for Probation
West Office for Probation
Fort Lauderdale East
If you believe you are going to face a hearing for a violation of probation, take action as soon as possible. Having a skilled Fort Lauderdale probation violation lawyer on your side could make a tremendous difference in the outcome of your case.
The attorneys at Meltzer & Bell, P.A. in Fort Lauderdale, also represent clients on Motions for Early Termination of Probation. Call Meltzer & Bell, P.A. today at (954) 745-7457 to schedule a free consultation.
This article was last updated on Friday, November 3, 2017.
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