Violated Sex Offender Probation?



Sean O’Halloran


A violation of sex offender probation must be taken very seriously.  It can land you in State Prison and impact your life forever.  If you have been to State prison, you already know this. If you originally did not serve any time you may not appreciate how tough things are there.

As a sex crime lawyer, I have found that probation officers are just looking for a reason to violate you.  The most common way is to claim that your electronic monitor registered an alert indicating you were not at home or did not follow your schedule.  There are defenses to these false alerts and the monitors register false alerts regularly requiring you to “walk the box”.  These types of violations can be defended.

Another common violation is for a new arrest.  If you are a registered sex offender you know what I am talking about.  You may have forgotten to register twice a year with the Sheriff.  You may have traveled into a prohibited area.  You may have failed to register an email address or a screen name.  You may not have paid your supervision fees.  In Lee County the Sheriff’s department has a special division dedicated to finding a way to arrest and violate you.  They are not your friends and in the real world, they are out to arrest and prosecute you.

If you change your address without notifying the sheriff you may have a problem.  Many times someone merely stays with someone else for a few days and does not realize a change of address may be required.  Violations still have to be wilful and substantial just because you are arrested it does not mean that you are automatically going to jail.  I have been handling probation violations for over thirty years and as a sex crime lawyer I understand how very tough the situation may be.  It is not impossible.  Call today for a free consultation at the office in Ft. Myers at 239 334 8890 or call in Sarasota at 941 366 3506

More people get arrested for a violation of Probation than any other reason.



Sean O’Halloran

What are there Consequences for a Violation of Probation?

Basically in Florida when a defendant is sentenced to Probation they are given a chance to stay out of jail or prison if they accept and follow the terms and conditions of Probation. By accepting the terms of Probation, a defendant is making an agreement with the Court to stay out of trouble, follow the rules and manage their own affairs without violating the law.  Most of the time the conditions are simple.  They have to report once a month, pay a supervision fee, not get arrested and keep their probation officer advised of their current address or comply with other special conditions.  
As simple as this sounds, many people unfortunately fail to comply

Violations of probation can happen very easily, and if your probation officer has any reasonable grounds to believe that you have violated the terms of your probation he or she will apply to the Court for a probation violation warrant.  This will result in your arrest and many times being held in jail without bond.

Probation Violations can include but are not limited to:

Failure to attend required drug or alcohol treatment programs or appointments

Failure to pay fines or fees or Court costs as required in terms of your probation

Not reporting to your probation officer on a correct date or time

Failure to report a changed address during a probationary period

Possession of a firearm

Positive drug or alcohol tests, commonly called a dirty urine

Being arrested for a new offense.

You may have a defense to a probation violation

In order for a Court to find you in violation, the conduct must be willful and substantial.  There may be a good reason for not paying your fees or costs.  You may be not guilty of the new crime violation.  The probation officer may have made a mistake or overlooked one of your reports

 If you feel that you may have violated your drug offender probation, sex offender probation, or any type of probation, please call today for a free confidential consultation 239 332 2280.  Aiken  O’Halloran and Banyai is a criminal defense firm with offices in Ft. Myers, Sarasota and Punta Gorda. 


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