Do you give up your rights on probation?

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Do you give up your rights on probation?

The answer to that question is in many cases yes.  Let me tell it to you straight.  Probation is better than prison and in many cases a choice to accept probation over jail is a wise one.

You do however give up some of your basic constitutional rights.  If you are on probation, particularly sex offender probation, a probation officer can come and search your home without a warrant.  They often do this and bring a uniform officer with them.  It often depends on the type of case or offense for which you were placed on probation.  If you are on drug offender probation, you can count on a visit and count on them looking through your residence for evidence of drug use such as “roaches”, “bongs”, spoons and needles and other drug paraphernalia.  If you are on sex offender probation I guarantee they will come on a regular basis.  They will look for magazines, videos, thumb drives and other evidence that you violated the terms of the sex offender probation which often includes no access to a computer.

It is really important to address some of these issues before they arise.  For example, if there is a condition of your probation restricting you from accessing a computer, you have a problem.  Smart phones are computers and it is almost impossible to get a phone now that is not a smart phone.  It is almost impossible to function in day to day life without using some form of a computer.  To apply for a job, you have to go online.  Most employers will not even talk to a walk in or someone with a written resume.  Getting a job is impossible without computer access.  If you are lucky enough to get a job, most jobs require computer use for billing, communication and all simple day to day business functions.  As a sex crime lawyer I always try and address these issues when the case is before the Court.  For example, if I represent someone who is a student, I need to negotiate an exception in advance.  Think about it.  How can you do your banking without access to a computer?  How can you book an airline reservation?  How can you apply for a job? How can you even look up your own case online? How can you even communicate with the people in your life without email or texts?

The one right you never give up is your right to an attorney

Our firm regularly handles probation violations in Lee, Charlotte, Sarasota and Manatee Counties. An ounce of prevention is worth a pound of cure.  Come to us if you have a problem before it becomes a violation.  Let us negotiate an exception and get the terms of your probation changed so you don’t find yourself in violation.  As probation violation lawyers let us solve the problem before it happens.  Call today for a free appointment or consultation

FT Myers  239 334 8890     Punta Gorda  941 639 6009    Sarasota 941 366 3506