How to keep from being “violated” while on Probation


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How to keep from being “violated” while on Probation

When you are placed on probation, you are being given a second chance.  You have the keys to the jail in your pocket and if you comply with the rules you will make it through it OK.  The problem is that if you have a drug problem, you are at high risk of failure.  This is particularly true if you are addicted to pills, heroin, opiates or have been smoking weed for years.  As a criminal lawyer I have found that many times in resolving a criminal case,  probation is a better option that jail.  That is not true in all cases.  Sometimes you might be wiser to take a short sentence in County jail with no probation.  It all depends on how strong you think you are.  Probation is tough, but you can do it if you try.

Sex Offender probation is another story.  If you have to take sex offender probation to avoid jail, it is probably a wise decision but you really have to be careful to comply with each and every term of probation.  They really are out to violate you if you are on sex offender probation.  The Lee County Sheriff has several deputies monitoring registered sex offenders, many of which are on probation, just looking for some excuse to find a technical violation.

Many times the probation officer will show up with a deputy to search your residence.  They are looking for anything that constitutes a technical violation.  If a condition of your sex offender probation limits your access to the Internet, you have a real problem.  Almost all cellphones now are smart phones and technically computers.  Did you know that if you are a registered sex offender, there are deputies in Ft. Myers whose sole job is to find some way to arrest you?  Never change your address without going to the Sheriff’s department that same day to register the change.  Never have an email address or a screen name without registering it with law enforcement.  If you are going to travel, even for a few days, be sure and register your new address or destination.  If you wear an electronic monitor, you daily movements can be documented and proved in a violation proceeding.  The State must prove that any violation is willful and substantial and not merely an accident.  That is where having a good experienced probation violation can make a difference.

If you think you are about to be violated, call 239 334 8890 for a free consultation or visit