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.

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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