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.

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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
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?

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.

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

 

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

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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

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