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.

“CLICK HERE” to Visit Our Website

“Click Here” for Florida Probation Violations .com