Technical Probation Violations

Probation is one of the more surprisingly complicated aspects of the criminal justice system. Many defendants are eager to plea their cases to a probation sentence in order to avoid jail or prison without fully understanding the restrictions imposed by a probation sentence, and without appreciating the ramifications of violating those restrictions. In truth, many experienced Sarasota criminal lawyers will recommend that some of their clients consider a short jail sentence in lieu of a lengthy and restrictive probation sentence. Often, clients will find out the hard way why probation is not always the best choice.

As criminal defense lawyers, we are used to hearing the pleas of our clients to get them a probation offer from the state or to request probation from the judge. And while probation is often a good resolution for our clients, sometimes a county jail sentence is the better alternative. Courts can impose stringent restrictions on probationers. And new probationers often fail to take the restrictions imposed by their probation officers seriously. Many people unfamiliar with the criminal justice system also incorrectly assume that probation results in the dismissal of their cases. This could not be further from the truth. All of these misconceptions and misunderstandings regarding the realities of probation can be solved simply by hiring a lawyer who will take the time to fully explain all of the intricacies to you.

Probation is essentially the forebearance of a jail or prison sentence in exchange for the defendant’s agreement to be supervised for a set period of time by the state. The permissible length of probation for an offense depends on the seriousness. A misdemeanor offense can result in up to a year of probation. A third degree felony can result in up to five years of probation, a second degree can be up to fifteen years, and a first degree can result in up to 30 years of probation. On probation, a defendant is expected to check in regularly--usually once per month-- with his or her probation officer, submit to random drug testing, and to refrain from committing new criminal offenses. The Court can also impose special conditions, such as mandatory treatment, community service hours, or travel restrictions.

The courts enforce the rules of probation by threatening the possibility of violations. Violations are split into two categories: technical and substantive violations. Substantive violations occur when a probationer is accused of committing a new crime while on probation. Technical violations are less serious and occur when a defendant violates any of the terms of their probation. Often, when a probation violation is alleged, a warrant will be issued and the probationer will be held without bond to answer for the violation before a judge. Probation violations, if proven, often result in serious penalties. Due to the danger probation violations carry, it is imperative that you contact a dedicated Sarasota criminal lawyer if you have been violated.

Technical violations can be dealt with in a variety of ways. Often, if the violation is not serious, the prosecution or judge will be willing to reinstate the defendant's probation, sometimes with some more restrictive conditions. If the violation is more serious, the court may desire to revoke the probation sentence and send the offender to jail or prison. In the best case scenario, your attorney can present evidence to prove that you did not commit the violation alleged and can get your warrant dismissed. A skilled Sarasota criminal defense lawyer can take control of the situation and ensure that you get the best possible result for your case.

The attorneys at Hanlon law have years of experience handling both new criminal cases as well as violations of probation. That experience and dedication translates to success for our clients. If you want to ensure that you have a dedicated lawyer on the case, don’t hesitate to call us today at 941.462.1789