Miami Criminal Lawyers Blog

Many criminal defendants are sentenced to probation for a variety of crimes in Florida, including misdemeanors, felonies, and even criminal traffic offenses, according to Miami criminal lawyer John Musca. Generally, probation comes with requirements, such as frequent reporting to a probation officer, advising of changes in address, drug testing, and even bans on alcohol use. Conditions of probation may also include required classes, like the batterers intervention program in domestic violence cases or anger management for other types of criminal charges. Probation also requires payment of various fees for the unique form of supervision.

Probation is frequently given as part of a plea deal, although it is also giving as a component of regular sentencing after a trial, as well. The function is usually to allow the guilty party an opportunity to comply with rules and, to some extent, get a second chance. For example, a man named Andy steals a vehicle - thus committing grand theft (Florida Statute 812.014) - and he is subsequently arrested. Andy may elect to take a plea deal, particularly if the police have accumulated significant amounts of admissible evidence that tends to show that the defendant is guilty of the crime. In an effort to avoid time in prison or jail, he might agree to two years of probation, where he will complete a drug treatment program and report to his probation officer at least twice per month. He would also almost certainly be subject to random drug tests.

If Andy complies with all terms of probation, depending on the terms of sentencing, he will be released from probation and the judge may even withhold an adjudication of guilt. But if Andy fails a drug test or fails to check in with his probation officer, he may be arrested for violation of probation. If the judge finds that Andy did not comply with the conditions, she can re-sentence Andy as though he is being sentenced for the grand theft, even imposing prison time.

Violation of Probation Defense Attorneys at Musca Law strive to protect their client's freedom and provide committed legal representation to persons who have been arrested for probation violations. Probation is court ordered legal supervision given under certain circumstances when a person is found guilty of some eligible types of crimes. When an individual is placed on probation they are advised of the conditions they must comply with during the probation period. A Probation Officer is assigned to monitor compliance. Should a violation occur, the Probation Officer will initiate a procedure to arrest the probationer.

There are two types of probation violations, technical and substantive. A technical violation is any violation of either the general, or special, conditions of the probation. Some examples include: failure to pay court costs or fines, missing a probation meeting, or change of address without permission. Substantive violations occur when the probationer commits a new criminal offense. Violation of probation is a serious offense. Penalties for violating probation can result in a judge revoking probation. If a judge revokes probation, Florida law allows the judge to impose the maximum penalty for the charge.

When a US Navy recruit was charged with violating the terms of his probation in Monroe County, he turned to Miami's premier criminal defense firm, Musca Law. His 12 month probation period for DUI involved meeting certain terms. He failed to meet those terms and had technical violations to his probation. A warrant was issued for his arrest and the State Attorney recommended 60 days in jail. Our highly-skilled defense attorneys entered negotiations with the State on behalf of our client. After we submitted evidence that the defendant completed requirements of his probation, the Court dismissed the violation and closed the case.