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.

 

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