Should I use the Public Defender for a probation violation?

Aiken O’Halloran and Foley
Probation Violations Criminal Defense Lawyers
Sarasota 941-366-3506
Ft. Myers 239-334-8890
Cape Coral 238-984-4994
Charlotte 941-639-6009

If you or a loved one recently got arrested Lee County on a probation violation, and if you are lucky enough to be out on bond, there are things you need to know. If you made a mistake in not getting a good lawyer in the beginning, don’t make a second mistake using the same lawyer for the probation violation hearing.. For some people taking probation is a trap. Some people live a lifestyle that makes probation impossible. If for example, you have a pill problem, smoke weed on a daily basis or worse yet have a heroin or cocaine problem, the chances of you making probation are slim to none. You may have just now realized that.

It may not have been a good idea to “take the easy way out”, particularly if the State did not have a strong case. Many times prosecutors offer probation in situations where otherwise, they would have had to dismiss the case. If you had a public defender, did you have a one on one meeting in person to discuss the facts of your case, or did you meet the public defender for the first time in the courtroom where he pitched the State’s offer to you?If you made a mistake in not getting a good lawyer in the beginning, don’t make a second mistake using the same lawyer for the probation violation hearing.

There is a possibility you may be able to reopen the original case. That depends on a lot of factors. Even if your original plea deal stands, you may have a chance at beating the violation.
The State has to prove a willful violation. Not having money to pay fees or costs sometimes is not willful. You may have had to move and not immediately notified your probation officer.
You may have picked up new charges or tested dirty. Did you know that eating a poppy seed bagel will make you test positive for opiates? You may have a valid defense to the probation violation that a good criminal lawyer can use. On the violation, you may score for prison but there may be a way to reduce it down to county time or even in some instances get reinstated.

Drug offender probation may be an option. A straight time County sentence may be smarter if you think that ultimately, you are going to get violated anyway. You need to make smart decision and be really advised by a competent experienced Ft. Myers lawyer. If you need to hire a good criminal lawyer, check out their credentials.

 

Please Click Here to check our Credentials

Probation Violations in Sarasota and Bradenton

Aiken O’Halloran and Foley
Probation Violations Criminal Defense Lawyers
Sarasota 941-366-3506
Ft. Myers 239-334-8890
Cape Coral 238-984-4994
Charlotte 941-639-6009

Does the court system make it too easy to get a violation?

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.

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 on a violation of probation call today.

Our Sarasota office is on Ringling across from the jail, next to the Courthouse and close to most Probation offices. Call today at 941-366-3506

 

I can’t pay my probation costs….Will I get violated?

Attorney Peter D Aiken
Criminal Defense
Sarasota, Florida
941-366-3506

As a criminal defense lawyer in Ft. Myers and Sarasota, I get this question all the time. In America, people are not supposed to be imprisoned for their debts. When a person pleads guilty or no contest in a criminal case, the Courts impose “Court Costs”, sometimes, costs of prosecution, and “costs of supervision” if the person is placed on probation. If it was a petit theft or grand theft case, the Court may also impose restitution to the “victim”.

If the case involved damage to property for malicious mischief or involved an injury to a victim the court may also order restitution for property or medical bills. Sadly, most people, when they get convicted or placed on probation find it hard to get a decent job.

Who wants to hire a felon or someone on probation?

Paying restitution or court costs is an uphill battle and a struggle for most people. The probation officer, when it gets close to your termination time, will often submit a violation warrant to the judge to put pressure on you to pay your costs and fees.
What I tell my clients is to double up on your monthly payments. That allows you a little grace period if you have a bad month. Also, a lot of times, you can get an early termination of your probation at the half way point, if everything is paid up. Don’t let a few bucks cause you to get violated close to the end of your probation. The Courts are real sticklers when it comes to restitution. Get it paid, and get it paid early.

What if I just don’t have the money?

You have to let your probation office know if you are financially hurting.
Show him your pay stubs.
Show him your debts like rent, utilities and child support.

You have to communicate with the probation people so they don’t think you are willfully not paying. As a criminal defense attorney here in Lee County, we regularly gather this information for client and try in convince the Probation officer of your lack of ability to pay. For it to be a violation, it has to be willful and substantial, and being broke is not a crime. On the other hand, if you spend your money on other things, like rims on your ride, or a vacation, or some other luxury, you can find yourself violated and sitting in the slammer.

The advantage of having a private lawyer instead of the Lee County Public Defender is that as private lawyers, we follow up with clients. If you have the public defender, there is no follow up at all. If you want early termination, good luck trying to get help with the PD.

In life, you get what you pay for.

If you want a motivated lawyer…spring for the bucks and he will get it done.

If you see a violation of probation in your future, call us in Ft. Myers at 239 334 8890. If you live in Sarasota, call the office before you are violated at 941 366 3506

 

ALL CORRESPONDENCE AND COMMUNICATION IS CONFIDENTIAL

Whatcha gonna do when they come for you?

Aiken O’Halloran and Foley
Probation Violations Criminal Defense Lawyers
Sarasota 941-366-3506
Ft. Myers 239-334-8890
Cape Coral 238-984-4994
Charlotte 941-639-6009
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.

If you have a substance abuse problem, a pill habit, a heroin addiction or are a chronic marijuana user, you need treatment, not jail. You may detox in jail awaiting a hearing but ultimately you need a long term plan. You do not want the long term plan to be jail. As Florida Criminal Defense Attorneys we have been defending probation violation charges for our entire careers. You have to convince the judge that jail is not the right answer. You may not have taken it seriously or simply let your addiction overcome your good judgment.

Can I bond out on a probation violation?

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.

There may be other alternatives like drug rehab. Don’t wait until “they come for you”. Call today at 239 334 8890 in Ft. Myers or 941 366 3506 in Sarasota to talk about your violation.

Sarasota and Bradenton Probation Violations

Attorney Peter D Aiken
Criminal Defense
Sarasota, Florida
941-366-3506

January 2017

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.

I don’t want to go back to jail…..I didn’t intend to violate probation

Sean C. O'Halloran Experienced Criminal Defense Probation Violation Attorney Ft Myers 239-334-8890 Sarasota 941-366-3506
Sean C. O’Halloran
Experienced Criminal Defense Probation Violation Attorney
Ft Myers 239-334-8890
Sarasota 941-366-3506

CLICK HERE to View Sean C. O’Halloran’s Credentials

Probation is a second chance.

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.

Do not wait to hire a lawyer for a loved one in jail. The hearing may be set for months down the road, but we may be able to get it moved up, get the case resolved and get your spouse or loved one out of jail early. Not all violations end up with jail sentences and many times we can get the person reinstated and released from the County jail. Sometimes, we can get the probation terminated. If the person has a drug problem we may be able to get in house treatment as an alternative to just sitting in jail. Our goal is to solve the problem, and keep it from happening again.
If a loved one is in jail, Call 239 334 8890 for help. It costs nothing to talk to us.

CLICK HERE to Visit Our Criminal Defense Website

 

What are my chances of winning a probation violation?

Sean C. O'Halloran Experienced Criminal Defense Probation Violation Attorney Ft Myers 239-334-8890 Sarasota 941-366-3506
Sean C. O’Halloran
Experienced Criminal Defense Probation Violation Attorney
Ft Myers 239-334-8890
Sarasota 941-366-3506

The first thing you have to do is understand what a “win” is.

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.

It also depends on the type of probation.

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 time getting “reinstated” to probation is considered a win.

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.

Under the law, a probation violation must be willful and substantial.

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.

Contact a good qualified experienced probation violation lawyer before the problem gets out of hand. Call for a free consultation in Fort Myers at 239 334 8890 or in Sarasota at 941 366 3506.

“CLICK HERE” to Visit Our Website

“Click Here” for Florida Probation Violations .com

Probation…A Second Chance or a Trap

Aiken O’Halloran and Foley
Probation Violations Criminal Defense Lawyers
Sarasota 941-366-3506
Ft. Myers 239-334-8890
Cape Coral 238-984-4994
Charlotte 941-639-6009

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

“CLICK HERE” to Visit Our Website

“Click Here” for Florida Probation Violations .com

 

Is Probation in some cases a trap?

Attorney Peter D Aiken Criminal Defense Sarasota, Florida 941-366-3506
Attorney Peter D Aiken
Criminal Defense
Sarasota, Florida
941-366-3506

Click HERE to view Peter D Aiken’s Qualifications

Is Probation in some cases a trap?

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.

There are not any old heroin addicts.

Heroin addicts end up dead or in prison.

Probation for a heroin addict is not an option. Treatment is the only answer. Methadone is not a good option. It is just another form of addiction where you supposedly get a legal substitute for heroin.
As a Sarasota criminal defense lawyer my goal is to get people help. Drug Court if you take it seriously is a good option. It really does work if you follow the program. In my opinion, jail is not a viable alternative although in the short run, it forces a detox. The detox is tough but it may save your life. If you are addicted, get help before you run afoul of the criminal justice system. If you already have been arrested for drug possession or for obtaining an unauthorized script and you want to explore your options, give me a call at 941 366 3506

Click Here to View Our Sarasota Criminal Defense Website