When a person is accused of a violation of probation the alleged violation is not a new crime. Since the person has already been granted probation relating to a criminal offense, if the violation of probation is proven to have taken place, it may result in enforcing penalties under the sentencing guidelines of the crime the person was originally convicted of.
The courts take probation violations very seriously. In granting probation instead of jail time for a conviction, the court showed a leap of faith that the person will walk a straight line by following the guidelines set forth by the stipulations of the probation. When a person violates the terms of probation, he or she has violated the court's trust, which will not be well received by the presiding judge.
The León Law Center, P.A., represents the legal rights and goals of those who have been accused of violating the terms of probation in Kissimmee, Orlando, Osceola County, Orange County, and the entire Central Florida area. For a confidential legal consultation, please call 407.483.1182.
A person may be accused of violating their probation as a result of a "Technical Violation" or a "Substantive Violation."
Technical Violation of Probation occurs when a person violates the special conditions of probation. A technical violation of probation does not involve committing a new crime. Common technical violations of probation include:
Substantive Violation of Probation occurs when a person violates the conditions probation by committing another crime, or a preponderance of evidence exist that he or she was directly or indirectly associated with a criminal act. One of the pitfalls of being accused of a new crime is that even if the person is found "not guilty" of the new alleged crime, the court has the authority to revoke his or her probation and reinstate the original conviction sentencing guidelines. Unlike the original trial, in a violation of probation hearing, the prosecution only has to prove that a "preponderance of the evidence" existed.
When facing a violation of probation allegation in Kissimmee, Orlando, Osceola County, Orange County, or the surrounding Central Florida area, hiring an experienced violation of probation defense attorney or lawyer may provide the best opportunity to achieve a fair and reasonable resolution.
Anyone requiring professional legal services regarding Violation of Probation Defense or other Criminal Defense issues should be proactive in protecting their legal rights and seek the legal advice of an experienced Orlando - Kissimmee Violation of Probation Defense Lawyer, such as Attorney, Mercedes León.
Call Us at 407.483.1182