Probation Violation – Orlando Criminal Attorney

Probation violations can occur for a number of reasons, including failing to report, failing to complete community service hours or programs, and committing new law offenses. Before you admit to a violation of probation, speak to a Orlando criminal attorney to learn about your rights and the defenses that may be available to you.

There are several significant differences that occur when an individual faces a violation of probation hearing as opposed to a trial on their original case. The following are the most notable:

Lower Standard of Proof:

In a probation hearing the standard of proof to show that an individual has violated their probation is not “beyond a reasonable doubt,” but is significantly lower with the State’s burden of proof being only by a “preponderance of the evidence.”

No Entitlement to a Jury Trial:

Probation hearings are not tried before a jury of your peers; they are bench trials with the outcome being decided by the judge.

Hearsay is Allowed:

While a violation of probation can not solely be based on hearsay testimony, unlike the resolution of the original case through a trial, in a probation hearing, hearsay is allowed to be presented.

Probationer can be Called to Testify by the State:

In the original case the State could not call the defendant to testify, however at a probation hearing the State can call a defendant on probation to testify as to technical (NOT substantive) matters.

Bond on Probation Violations:

In many cases, the violation of probation warrant will not provide a bond amount and the defendant will remain in custody until the resolution of the probation violation. If the defendant is being held in custody without a bond, a motion for bond can be filed and the court may consider allowing a bond in some cases depending on the circumstances and the nature of the violation.

Probation Violation Defenses:

While a probation violation is generally more difficult to defend against because of the lower standards of proof, there are several aspects that can be explored in these cases including:

1) Whether or not the violation was willful.
2) Whether or not the Court still retains jurisdiction over the probationer.
3) Whether or not the plea colloquey was properly conducted when the individual was originally sentenced.
4) Whether or not the probationer had counsel when he entered into the plea to probation.
5) Whether or not the affidavit of violation of probation is properly prepared.
6) Whether or not the evidence to be presented meets the standard of proof necessary to violate the probationer.

Criminal Penalties for Probation Violation:

A person who is found to be in violation of probation faces a possible sentence of up to the original maximum allowed for the crime.

Florida Statutes for Probation Violation:

Speak with an Orlando criminal attorney or review the following Florida Statute for more information on probation violations:

Florida Statute 948.06 – Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.

Orlando Criminal Attorney – Criminal Defense Services:

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