Why is my probation being violated? What can I do to stop it?

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

August 2020

Has your probation officer told you that you are going to be violated?  If so, you need to do something right now.  Do not wait until you are sitting in jail on a no bond hold.

It is easy, particularly in these Covid times to screw up and violate your probation.  It may be a dirty urine or a new arrest.  It may be for not doing the things you were supposed to do, like not paying your probation fees,  not paying restitution, not performing your community service hours, or not going for counseling.  If it is a new crime, chances are the judge is going to issue a no bond warrant, particularly if the new crime is a felony or if you were on probation for a felony.

You need to get in touch with a lawyer now, not later.  It may not be too late to stop the warrant.   It may not be too late to convince your probation officer not to do a probation violation affidavit.  If you wait, you may end up sitting in jail with no bond.  We know it is hard times financially and we know most people rely on relatives or friend for help.  Reach out to them now, while you can, for help.  We can put our fee on a credit card, and you can pay them back later.  If you wait, getting help once you are sitting in jail is really difficult.

As a Lee County defense lawyer, and as a probation violation criminal defense attorney, we may be able to get you some relief before things get out of hand.  You should not be violated for not being able to pay your probation fees or restitution.  This is particularly true if you lost your job and simply do not have the money.  We may be able to intervene and keep the warrant from being issued. 

If you or a loved one, a husband, a brother or sister, or close relative has been arrested here in Lee County, Ft. Myers, Cape Coral or Leheigh, we may be able to get them reinstated to probation and get them released.  We regularly handle probation violation hearings

Even if there is a “No Bond Hold”, we may be able to help you.  If you wait until you are arrested and count on the Public Defender, you may sit weeks before they get to your case.  It is a lot easier to deal with this type of situation if you get in front of it. 

Call today for a free consultation.  It may not be as hopeless as you think

I have a Ft. Myers probation violation. What can I do?

Aiken and Ohalloran of Fort Myers 2257 Cleveland Ave Fort Myers, Fl 33901 …WHEN YOUR FREEDOM IS AT STAKE…Call TODAY: 239-334-8890

AUGUST 2, 2020

The Covid crisis has put a lot of people in a situation where their probation is about to be violated.    Many people have lost their jobs and cannot pay their probation fees and court ordered restitution.  Many people may have been forced to move and not notified their probation officer.  Some people have picked up a new arrest for shoplifting or not scanning items at a grocery store like Walmart.  Desperate people do desperate things.

If you get arrested for a probation violation, and there is a no bond order, you may lose the only job that you have been able to get.  If you think you have a violation coming, now is the time to talk to a Ft. Myers or Cape Coral probation violations criminal defense attorney.  Hiring a good Fort Myers defense lawyer can make a huge difference, and it may keep you from getting arrested and sitting in jail.

A public defender cannot help you and will not be appointed until after you are arrested.  Do not wait until the police are knocking at your door.  We may be able to intervene and keep you from being arrested.  Under the law, you should not be violated for simply not having the money to pay probation fees.  If you caught a new charge, there may be a defense, and if we can get the new charge dropped, we may be able to keep you from being violated.

We understand that times are hard and you may be short on money.  Sitting in jail on a no bond order is going to make things much worse.  Give us a call and we can explore payment options.  Do you a mom or dad that can help out?  A brother, sister, Uncle or Aunt that might be able to help?.  Do you have someone, maybe even an employer that might be able to put the lawyer fee on a credit card now?  What you spend now may save you a ton it terms of what you stand to lose if you get arrested for the violation and spend weeks or months in jail.

It doesn’t cost anything to call and at least find out what you can do?

Can I post bond on a probation violation?

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

February 13 2020

Can I post bond on a probation violation?

Most of the time, here in Lee County, you cannot post bond if you get arrested for a probation violation.  It depends on what the judge wrote on the probation violation warrant.  Sometimes it says “no bond” but if it is a technical violation there may be a bond or the judge may leave it up the judge presiding at your first appearance after your arrest.

If you think you have a warrant coming or your probation officer tells you that you tested dirty and one is coming, do not wait until you get arrested to talk to a good probation violation attorney.  Once you are sitting in jail, it makes it much tougher to find a good criminal defense lawyer here in Ft. Myers.  They make it next to impossible to find or hire a lawyer once you are in jail.  Talk to a Ft. Myers defense lawyer now, not later.

If the warrant has not yet been issue or executed, we may, in some cases, be able to stop it.  We may be able to get before the judge on a motion to recall the warrant before you get arrested.  We may be able to get a bond set.  We may be able to speak with your probation officer and clear up any misunderstandings.  There may be a very good reason why the probation officer is simply wrong in requesting a probation violation warrant.

If you wait until you are arrested for probation violation in Lee County, you are making a mistake.  If you hire a defense attorney now you may prevent being picked up and sitting for days or weeks for some Public Defender to look at your case.  The Lee County Public defender only gets appointed after your arrest and you can end up sitting for days in the County Jail waiting to talk to him or her.

Most defense attorneys do not charge for a free phone consultation.  If you think something is going down with your probation, give us a call and we may be able to let you know what your alternatives are.

I think my probation is going to be violated….What should I do?

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

If you are on probation and you think your probation officer is going to violate you, now is the time to talk to a good criminal defense lawyer.  Many people were originally represented by the Public Defender, and agreed to a sentence of probation, to simply end their case.  They later find out that they are about to be “violated” for something like a dirty urine, not paying their probation fees and court costs, or moving without telling their probation officer.  More people are arrested for a probation violation than actually committing a crime in both Ft. Myers and SarasotaIf you get arrested for a technical probation violation or worse yet a new crime violation, you may find yourself sitting in jail, without a bond, and ultimately going before your judge and possibly facing serious prison timeIf you have not been arrested for the violation yet, the Public Defender will not have been appointed for your violation and he or she will be doing nothing to stop the arrest.   If you think a probation violation is in your future, now is the time to be talking to a good criminal defense attorney.

It is possible to prevent a violation arrest. As a criminal defense attorney, I often reach out to the probation department to try and prevent the violation before it occurs.  Once you get arrested, it makes it harder to put up a good defense.  It is harder, but not impossible.  If you did commit a technical violation we may be able to cure the problem before it gets out of hand.  We may be able to get your probation modified.  It may be possible to get your case back before the judge before you are arrested.  If you wait, it may be too late.

In life timing is important.  You need to be out in front of your problems and prevention of an arrest is always a better alternative than waiting for it to happen and then reacting to it.  If you have a drug problem, and slipped up or relapsed, we may be able to get you into treatment or get your regular probation modified to drug offender probation before you are violated.  If you have a drug issue, what you need is help, not jail.  The same goes for alcohol.  If alcohol caused your original arrest, it may now be the cause of your current violation.  If it was alcohol, you need help, not jail.  At our criminal defense firm we believe in getting to the cause of your problem and helping you with it.  I don’t want to sound like I am preaching, but, you may be in denial of your underlying problem.  Getting help with your problem is going to make successfully completing your probation much easier.

No one wants to have to spend money and hire a lawyer until it is necessary.  When it comes to probation  violations, it is necessary and important to get out in front of the problem.  If you wait to get picked up on a violation it may end up costing you more.  You may lose your job.  If you get arrested later, your car may end up getting towed.  If you wait for them to come get you, it may well come at a really inconvenient time.  You may have your kids with you.  You may have a pet left unattended.  You may miss school, miss appointments or an important job interview.  We have been handling probation violations for decades and in almost every instance I have found that a person is far better off dealing with the problem before it becomes a problem is the best approach.  If you think a “problem” is in your future, give us a call now for a free consultation.  We have offices in Ft. Myers, Punta Gorda and Sarasota

People make mistakes… if you think that you have or are going to have an issue with your probation being violated call us to discuss all of your options.


Can I bond out on a probation violation?

Most of the time, the answer is no.  If you are on felony probation and get arrested for a new crime, chances are, at your first appearance, you may be granted a bond on the new charge.  It may be a waste of money to bond out, if only days later you are going to be rearrested on a no bond probation violation hold.   All too often, as a Lee County criminal defense lawyer, I interview people who have spent their last dime on a bail bond, only to be rearrested on a later no bond probation violation.  Think twice about posting a bond before your talk to a lawyer.

When a person is arrested, they generally freak out and their number one priority is “get me out of here”.  They call relatives and beg them to get in touch with a bondsman and “get me out”.  If family funds are limited, think twice about spending all your money on a bondsman. If the bond is set really high, often a good lawyer can get it reduced at a bond reduction hearing.  Sitting a few days and hiring a good lawyer may save you a ton of money.  Often what you save on the bondsman may be enough to pay for the lawyer.  Recently, I had a man call who had been arrested on a sex charge.  The first appearance judge set the bond at $200,000, even though he had lived here for years, had a good job, and had never been arrested.  He used every cent he had to bond out, and had to pay $20,000 in bond premium to the bondsman.  When it came time to hire a lawyer, the person on whom his long term freedom depended, he was broke.  He now has the Public Defender.  Most lawyers do not charge for an initial free consultation.  Before spending a bundle on the bondsman, think twice, and talk to a lawyer.  The bond might be reduced.

Many people are now on probation as a result of the “Early Resolution Court”.  They jumped at a plea and took the easy way out without talking to a private lawyer.  Now they are looking at a probation violation and being rearrested with no bond.  If you think your probation officer is going to violate you, call a private lawyer now.  Do not wait until you are sitting in jail on a no bond hold.  If you think a violation is in your future and you want to speak with an experienced criminal defense lawyer, we are available at 239 334 8890.

Is your probation officer out to get you?

The purpose of is to give a person a “second chance”. Many people who have been arrested for the first time get a “probation offer” from the judge or the prosecutor at what they call an “early intervention” docket. Many people, because they have not had a chance to talk to a real criminal defense lawyer, jump at this offer, only to regret it later. Probation is not for everyone.
For some people with certain lifestyles, it is a trap. If a person has an opiate addiction and is on pills or heroin, they will eventually violate and end up in jail. If they are strung out on cocaine or Meth, their chances of making probation are slim. If you drop a dirty urine or get re-arrested, it will result in a probation violation and you will be right back in jail facing an even worse situation.

Did you know the number one reason people get arrested if for a probation violation?

If you are about to get violated, or a loved one has been picked up for a probation violation we may be able to help. Reinstatement is a possibility in some instances. A violation has to be “willful and substantial”. Some probation officers use simple unintentional technical violations as an excuse to violate someone. In Ft. Myers many people get violated for little or no reason.

In Sarasota and Punta Gorda, arrests for probation violations are almost as frequent as new crime arrests. If you think you are about to be violated you need to talk to a good criminal defense lawyer before you get arrested. If you wait, it may be weeks before a public defender gets to see you or try to get your situation resolved.

Most criminal defense attorney will give you a free consultation. If you think an arrest is coming, the smart thing to do is call a real defense lawyer before it happensAt our firm, we can sometimes intervene and work it out with the probation officer before a warrant is issued.
If you see trouble coming….Call a lawyer first

About Attorney Sean O’Halloran

Should I use the Public Defender for a probation violation?

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

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

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



Whatcha gonna do when they come for you?

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.