Probation violations top the list when it comes to daily arrests in both Lee and Sarasota County.
Every day people get rearrested for not complying with the conditions of probation. It may be something as simple as a technical violation like not reporting a change of address or something as serious as a new criminal charge. That can be a huge problem. First of all, the person may sit in jail with no bond awaiting a probation violation hearing. The violation may result in an adjudication of a felony creating a permanent criminal record. Worse yet, it can land them in either County jail or State prison. Probation is a second chance it can also be the last straw if the judge thinks your deserve punishment.
That depends on the nature of our underlying charge and the seriousness of the violation. The better answer is to try and avoid the violation to begin with. If you think your probation officer is going to seek a probation violation warrant, call us immediately. We may be able to intervene and keep it from happening. It may be a simple misunderstanding that we can clear up.
More people get arrested in Sarasota and Manatee County for a violation of probation than any other reason. The County jail is full of people being held without bond for a violation of probation. Probation, sometimes is a trap for the unwary. You may have taken a plea deal to avoid trial or have simply followed the Public Defender’s advice and set yourself up for failure. Technical Violation
You do not have to commit a new crime to get arrested. If you do not pay your court costs, if you do not pay the fees for supervision imposed by the Court, if you do not pay restitution or if you simply miss an appointment with your probation officer a warrant will be issued for your arrest. Simply not having money to pay can get you arrested and thrown back in jail. Our Sarasota and Bradenton criminal defense firm has been defending probation violations for years. Do not wait to be arrested. If you have a problem with your probation officer, call today and we may be able to work it out before you are picked up for a violation.
New Crime Violations
If you get arrested on a new charge while you are on probation, your probation officer will have you rearrested for a probation violation and you will sit in jail waiting for a hearing. The new offense may be incredibly minor but if it occurred while you were on supervision, you have huge problem. We may be able to convince the judge to release you while you wait for a probation violation hearing. Any conviction for a new offense violates your probation and subjects you to time in either County jail or State prison. Your sentencing guidelines may have been computed incorrectly or you simply may have not committed the new crime or violation. Do not wait until your hearing. Call us now for a free consultation. Find out all your options. Sex Offender Probation Violations
A violation of sex offender probation can land you in State prison. Often, electronic monitors malfunction and register a false report. Often, a probation officer fails to write down the details of your request or report to him. Often the officer is simply out to get you and is searching for any reason to violate you. You may have missed a deadline or appointment or forgotten to call in or come in past curfew. You may have been forced to move suddenly and not had time to report the new address. The probation officers generally are not there to help you and some simply look for some excuse to violate you put you back in jail. A violation must be willful and substantial and we can many times convince the Court that your situation was accidental or unintentional. If a loved one is in jail or if you have been arrested or about to be violated on a violation of probation call our Sarasota and Manatee probation violations attorneys today for a free consultation .
Our Sarasota office is on Ringling across from the jail, next to the Courthouse and steps from the probation office. Call today at 941-366-3506
Do not be afraid to call and ask questions about all your options in a probation violation. We have experienced probation violation lawyers in Sarasota ready to talk about your Sarasota or Manatee probation violation case.
It should not be used as a trap to get you put back in jail.
Prosecutors, sometimes, if they have a weak case will offer probation to resolve the case. Many times people take probation when they are really innocent. They are afraid of the criminal justice system, afraid of the prosecutors, afraid of the judges and afraid to go to Court. Probation may have sounded good then but now you regret it, particularly if you got a harsh non compassionate probation officer who is out to get you. If you are reading this, chances are you are already on probation facing an arrest or a probation violation hearing. Do not go into a probation violation hearing unrepresented. If the Public Defender was the one who allowed you to be put on probation, do you want to use the same lawyer for your violation hearing? I bet not.
Here in Ft Myers we have been handling probation violation cases for over a decade. Sean O’Halloran knows the system in and out. For the last ten years he has appeared hundreds of times defending probation violation cases. Before that, he was a prosecutor. He knows it from both sides. A violation has to be willful and substantial, not some accident or oversight. A new arrest makes the case tougher but technical violations, like not changing your address, or missing a single appointment may be subject to an early resolution.
It also depends on which Court placed you on probation. The great likelihood is that you are on State Probation. This could be as a result of a case in County Court, for a misdemeanor or Circuit Court for a felony.
You could be placed on regular probation or some type of special probation like “drug offender probation” or “sex offender probation”. If your crime was a Federal offense and you were prosecuted in United States District Court, you could be on what they call “supervised release”. That is effectively Federal probation.
Most of the courts consider probation a second chance, and many judges realize that a technical violation should not land you in jail. Sadly, some of the probation officers do not share this view. Probation officers are generally overworked and overloaded with cases. Many are just looking for a reason to violate you to reduce their caseload. If they can put you in jail, you are no longer their problem. If it is getting close to the end of your probation and fines or costs or costs of supervision have not been paid, they will do a violation report without even inquiring as to whether or not you have the ability to pay. No one should go to jail simply for lack of money.
How judges interpret that varies from judge to judge.
I strongly believe a person should not be violated unless he or she has done something really intentional or wrong.
You should not go to jail for an accidental violation. If you are on sex offender probation, most of the time, the probation officers really are out to get you. You have to comply with each and every small detail. You have to document your compliance. Keep a little notebook or a log with details of your activities each day. I advise people to keep a diary so they can go back and recall where they were and what they were doing each day. In our office we handle probation violation calls almost every day. Getting on the front end of a violation is important. It may be a matter of simply contacting the probation officer and curing the problem before you get arrested. It may be a matter of getting the issue in front of a judge before a violation report goes in. Do not wait until they are knocking at your door.
For many people, probation genuinely is a second chance.
For first offenders, with no drug dependency issues, who simply committed a minor violation of the law, it can be a good thing.
If you are addicted to pills, meth, heroin, or are a lifetime user of weed, it can be a trap, a slippery slope that will lead you back into the jail. If you have an addiction, drug Court is a far better option. All the good intentions in the world will not save you if you have an addiction to Oxycontin, Oxycodone, Percocet or some other Opiate, you need professional help.
If you got a DUI, probation is almost a certainty. Unless you win the case, you are going to get probation and sometimes jail. If you have a suspended license, and you are on probation, do not drive until you get that situation straightened out. If you get caught driving on a suspended license while you are on probation for DUI, you have a huge problem. Our office handles a lot of probation violation hearings.
A violation has to be willful and substantial, not just a minor technical accident. How your violation is handled depends a lot on your probation officer. Some are real hard cases and will violate you for almost anything. Some have a heart and compassion and will let it slide. It is critical to have a good relationship with your probation officer. Your life, and your fate, are in their hands. They can recommend reinstatement or recommend jail and staying on their good side is important. If you have a probation violation coming, I strongly recommend hiring a private lawyer to get on the front end of the problem. Do not wait until you are picked up and sitting in the County Jail.
Call a Probation Violation Attorney in your area for a free consultation in Ft. Myers at 239 334 8890 or Sarasota at 941 366 3506
Unfortunately, sometimes what looks like a good deal can end badly.
This is particularly true if you are addicted to opiates. Many people get hooked on Oxycontin, Oxycodone, Percocet and other opiates while suffering from real injuries. This is particularly true with people who got injured in an automobile accident. The doctors sometimes are a little careless when it comes to prescribing opiates when other less addicting medications could work as well. People with pending personal injury cases are particularly susceptible to getting hooked because sometimes the doctors are trying to document pain treatment for a personal injury settlement purposes.
If you become addicted chances are you will increase the dosage on your own.
Opiates require more pills to get the same result.
Before you know it, you are hooked.
When the scripts run out, I have seen people switch to heroin because it is easy to get here in Sarasota. If you have moved on to heroin, you now have a real problem.
Did you know that one of the number one reason for getting arrested in Sarasota in March of 2016 was a probation violation?
Many people, to avoid the time and expense of fighting a case take a plea deal that involves months or years of probation. If they have never spent any significant time behind bars, and don’t know how horrible it is, they may take the probation for granted and either fail to perform required counseling, fail to sign up for DUI school or fail to pay their restitution or court costs or costs of supervision. It is easy to screw up when you are on probation, particularly if you are young and have never been in the system, or if you are addicted or have an alcohol issue.
Make no mistake, if you don’t do what you are supposed to do on time, chances are your probation officer will submit a probation violation affidavit to the judge and before you know it, the cops are at your door taking you in on a no bond hold.
If you used Sarasota Public Defender or the Manatee Public Defender, you may sit for days or weeks before anyone even visits you to get your side of the story. If you have not complied or if you have failed a drug test or given a “dirty urine”, do not wait until the judge signs an order to pick you up.
As a Sarasota criminal defense lawyer, many times we may be able to intervene, get you into compliance and hopefully, keep the warrant from being issued. Once you are picked up, you are entitled to a hearing, supposedly within ten days. Many times we can get an expedited hearing and get you reinstated to probation. If it is a “technical violation”, like moving without notifying your probation officer or traveling out of the County without permission we may be able to convince the prosecutor and the judge to give you another chance. I promise you, you do not want to go to a hearing unprepared or unrepresented. If you are on sex offender probation, and they arrest you for a violation, most of the time, the prosecutor and the probation officer are seeking a State prison sentence. The violation is supposed to be both “willful and substantial” and you should not get sent to prison for some minor technical slip up.Having your own private lawyer can make a huge difference in how long you spend waiting for your hearing and whether or not you get really good representation before the Court. The Public Defender is generally overworked and under paid. They have hundreds of cases on their plate. If you think a probation violation is in the works, or if you have a loved one like a husband, wife, son or daughter that has been picked up on a VOP call today for a free confidential consultation. Hiring a lawyer for a violation is not as expensive as hiring a criminal defense attorney initially. It may only require one hearing and not necessarily a trial. It is important to act quickly before the person loses their job or gets thrown out of school.
If you live in Ft. Myers, Port Charlotte, Sarasota or Bradenton, did you know that the number one reason people get arrested is for a violation of Probation.
In Lee County, more people were arrested for a violation than any other reason. It is easy to screw up and violate. It can be something as simple as not letting your probation officer know that you moved. It can be a dirty urine for either pot, pills or cocaine or something you have no control over, like not paying your costs of supervision, restitution or court costs. Many people will plea to a charge and agree to pay restitution, and then later lose their job or benefits, and not be able to pay. If your probation officer tells you he is submitting an affidavit for a violation to the judge, you need to reach out and contact a good criminal lawyerright away. You may have used the Lee County public defender for your original case and that may be why you find yourself in a pickle now. You may have agreed to restitution you cannot pay. You may be an addict and had a slip while on probation. You may have been ordered to get an anger management evaluation and simply forgot to get it or not had the money for it. You may have traveled out of County without permission. If you are on sex offender probation, that is entirely another story. The probation department is absolutely out to find some reason, no matter how small, to file a violation report. Although in theory the goal of probation is rehabilitation, when it comes to sex offenders the goal is to put you in jail. As criminal defense attorneys we deal with violations all the time. As a sex crime lawyer, I handle sex offender probation violations and you have to take them seriously. A sex offender probation violation will land you in State prison for years. To prove a violation, the State has to show that the violation is willful and substantial. Our goal is to get you a second chance and get your reinstated and keep you from jail. Many times when the warrant is executed and you are picked up, you are held without bond. It is for that very reason, you have to hire a good lawyer before you are picked up. Find a way to raise the money to do it. A good experience criminal lawyer can make a huge difference in the outcome.
If you think you are about to be violated for a probation violation, call Sean O’Halloran at 239 334 8890 in Ft. Myers or Charlotte County Andrew Banyai at 941-639-6009, if you live in Sarasota County or Manatee County, call Peter Aiken at941 366 3506 for a free consultation. Do not wait and get arrested call now
Did you know the number one reason people are arrested is for a violation of probation. More people are rearrested for a violation of probation than any other reason. Do not take probation lightly. Probation is a second chance and the judges take it seriously. Probation does restrict your lifestyle. You can’t smoke weed anymore. You can’t pop pills, get high or get rowdy like you used to. If you are on probation for a DUI, you probably cannot drive and you really should not get drunk or tipsy.
Why do people get violated?
Probation officers have hundreds of cases assigned to them. If they can find a reason to violate you, it is one less person for them to supervise. Many are just looking for some good reason to violate you and get you off of their caseload. Many probation officers have an “attitude” and will bust you for some silly technical violation. If you haven’t paid restitution, haven’t paid your costs of supervision or haven’t paid your court costs, look out. When it get close to the end of your probation, your officer will file an affidavit for a violation of probation with the Court and an arrest warrant will issue. You will wake up in jail, waiting for a probation violation hearing and sit there for weeks. You will wake up in jail, waiting for a probation violation hearing and sit there for weeks. Pay attention to your probation terms. If you do not have the money, write a letter to your probation officer explaining why you cannot pay. The Court is not supposed to violate you if you do not have the ability to pay. In the meantime, however, you may sit in jail for weeks waiting for a violation hearing.
Another common reason for a violation is a dirty urine. Never admit to smoking or using. Never admit to smoking or using. Never admit to smoking or using
Never change your address without letting them know. Do not wait until your next report date, Notify your PO immediately of any change in your status. If you are on house arrest or community control, follow the schedule religiously. Be where you are supposed to be, when you are supposed to be.
If you slip and use coke, meth or pot, get some help immediately. Drug addiction is a sickness and being addicted to Opiates or Heroin is an illness that needs treatment, not imprisonment. If you find yourself going down that path again, check into a rehab. Your probation officer is much more likely to give you a break if you are trying to help yourself. As a Sarasota Probation violation Criminal Defense attorney,I handle probation violations almost every week.
Summer Misdemeanor Crime is up: FDLE Arrests Shop Clerks who fail to check ID
Our alcohol laws do not make any sense. This certainly isn’t news to military personnel who volunteer to put their lives on the line as they are deployed to foreign combat theatres where they are likely to be attacked with modern weapons or improvised explosive devices. Many will return home from such a tour of duty to be told that the State does not believe they are responsible enough to enjoy a beer with dinner.
Ask the average person on the street which crime they feel damages society the most, and few will answer that they lie awake in bed at night petrified that some shopkeeper somewhere might sell someone under 21 a beer.
In other countries (virtually ALL other countries, by the way) kids are taught how to drink before they are taught how to drive. Removing the “forbidden fruit” phenomenon helps to combat some of the more dangerous binge drinking and drug use we see at college campuses in this country.
Removing the “forbidden fruit” phenomenon helps to combat some of the more dangerous binge drinking and drug use we see at college campuses in this country. The person (possibly an adult old enough to be deployed in a foreign combat zone) goes into the store and attempts to purchase alcohol. If they are successful in purchasing alcohol, the clerk is arrested.
Arrested, you ask? Yes, arrested. Taken to jail. Taken to jail. Given a jail uniform. Placed into the general population. What if the person has no criminal history? Doesn’t matter. They are going to jail. After the fact possibly facing challenges of trying to get or keep a job while taking on demanding terms of probation.
Hopefully we can all sleep more soundly tonight.
If you or a loved one has recently been arrested for an alcohol related offense, or the result of a “compliance check” at a local liquor store, contact our office for a free consultation. Call Peter D Aiken of Aiken, O’Halloran and Associates in Sarasota and Manatee County 941-366-3506 Lee County 239-334-8890 “Click Here” TO CONTACT US BY EMAIL or PHONE