Substantive Probation Violations
When our clients are facing serious criminal charges carrying potential jail or prison sentences, they often ask us to seek out and fight for probation resolutions. In many cases, obtaining an offer of probation is seen as a success for our client’s cases. Many lawyers will seek out a probation resolution as the first plan of action in any case. We approach our clients’ cases differently. Probation requires clients to plead guilty or no contest to their charges, and our firm’s first plan of action is always to seek a dismissal of our client’s charges. It is only when a dismissal is not possible that we will even consider seeking a resolution of probation, and there are a few reasons why. If you are facing criminal charges that could result in probation, you should not just blindly take the state’s plea offer. Instead, consult with a skilled Sarasota criminal lawyer before making any decisions.
Many people, especially those who have never been a part of the criminal justice system, will be happy to jump on a probation offer. These same people sometimes fail to consider the serious restrictions that go along with probation and the punishments that accompany violations of those restrictions. Many people who first start on probation are shocked to meet their probation officers who are typically not the world’s kindest people. Probation officers are civil servants who are bogged down with too many probationers to monitor.
These overburdened probation officers have every reason to request a warrant to violate your probation. A probationer in jail is one less body that they have to spend time and resources monitoring. These underpaid and underappreciated workers are incentivized to systemically triage their cases and to prioritize the probationers that they think will be successful and to get rid of ones that give them even the most minor pushback. Most lawyers will place their clients on probation and say goodbye. This sets their clients up for failure and sets unrealistic expectations. To avoid that happening to you, make sure that you retain a dedicated Sarasota criminal lawyer who will prepare you for all of the potential consequences of your decisions.Substantive Violations
Violations of probation are split into two varieties. Technical violations are violations of the specific conditions of your probation. If you are required to provide urine samples and test positive for drugs, you will violate the technical terms of your probation. If you fail to show up to an appointment with your probation officer, you could violate the technical terms of your probation. On the other hand, you could also be hit with a substantive violation of probation. Substantive violations consist of one thing: new arrests. Technical violations can usually be resolved in a straightforward manner with the prosecutors and judges, but substantive violations are a different animal entirely. If you are facing a substantive new law violation, you should hire a skilled Sarasota criminal lawyer right away.
If you have been hit with a substantive violation, it is likely that a warrant will be issued for your arrest. It is also likely that you will be held with no bond until you face a final hearing on your violation of probation. A skilled attorney can ensure that your violation of probation is resolved in the best possible way for you. In the best case scenario, we can offer evidence to prove that you are innocent of the new charges against you which could result in the dismissal of your violation warrant. In other circumstances, we will be able to negotiate a reinstatement of your original probation conditions.Speak to our Lawyers Today
The attorneys at Hanlon Law have years of experience dealing with our clients’ probation violations and new law offenses. If you want to ensure the best result for your unique case, call us for a consultation today at 941.462.1789.