Gainesville Violation of Probation and Violation of Community Control Attorney
The list of requirements and conditions imposed on individuals who are placed on probation and community control is long and many times quite complex. Although there are occasions where a violation of probation or violation of community control is alleged due to a new arrest, there are many instances where an individual’s probation or community control is violated for technical reasons. In either situation, you need the advice and counsel of an experienced criminal defense attorney who has represented many individuals facing an alleged violation.
There are many important considerations when facing an alleged violation of probation (VOP) or violation of community control (VOCC):
- There are many different forms of supervision and all have different requirements. Depending on the type of case, a Court may place someone on either drug offender probation, sex offender probation, non-reporting probation, or even the most restrictive and demanding form of supervision, community control.
- You may be subject to arrest for a violation of probation or community control without a warrant. Under Florida law a probation officer does not need to obtain a warrant from a judge prior to having you arrested. Many times a probation officer will have you arrested when you appear for a scheduled visit; other times a probation officer will give you notice to make arrangements to turn yourself in.
- You can legally be held without bond when facing an alleged violation of probation or community control. Many times an alleged violation will begin without a bond being set; an attorney can apply for bond and present evidence supporting your release from custody. Be aware there are several exceptions to getting a bond in certain types of cases and special hearings which must take place in order to obtain a bond.
- If you are found in violation of your probation, a judge who has previously withheld adjudication of guilt may now adjudicate you guilty. Many times this can be avoided by working towards an agreed upon modification of the probation terms. A modification can include additional conditions or may simply be an extension of time.
- Any violation of probation must be shown to be both willful and substantial. Many times a probationer will have valid explanations and defenses available and through the assistance of experienced counsel may avoid a violation.
- Anyone alleged to be in violation of probation has a right to a hearing before the judge and can present evidence and arguments against the violation. Gathering evidence and presenting your case to the Court is an important role your attorney can provide.
- Most violation of probation cases move quickly through the criminal courts. You need to have an experienced attorney who can devote the necessary time and resources as expeditiously as possible in order to be fully prepared to present your case.
- You may be entitled to an early termination of your probation or a modification of the conditions of your probation. If you are compliant with all terms originally imposed by the Court, you may petition the Court to reconsider the term of the probation or the conditions imposed.
Each of the attorneys at DeThomasis & Buchanan have the necessary experience to provide you with timely, effective and knowledgeable representation in any alleged violation of probation or violation of community control case.