Sarasota Parole and Probation Violation Attorney
Parole and Probation Violations
Persons placed on probation or house arrest are subject to a violation of supervision for a number of reasons. Successfully completing a period of community based supervision can often be complicated and difficult to accomplish. If you have been told that your community supervision is going to be violated, or you have already been arrested for a violation, The Collins Law Group can assist you in dealing with this stressful process.
Misdemeanor vs. Felony
In most cases, a person found to have violated probation is faced with as much jail time as when they were first sentenced to probation. For a misdemeanor violation this means 364 days in the county jail, and for a felony violation up to the statutory maximum that the charge carries.
The burden of proof at a violation of probation hearing is much lower than what is necessary to prove them guilty of a crime. The government only needs to establish a violation of probation by a preponderance of the evidence. In addition, in some cases the government is even allowed to call the person on probation to testify at the hearing as long as it does not violate the right against self incrimination for a new law violation.
If you have been arrested for a violation of probation it is very important to obtain legal representation immediately.
Many violation or probation warrants carry a no bond provision until a bond reduction hearing is set. In addition, frequently a probationer is brought before the Court within a week of arrest under the “Fast Track” system to resolve the case quickly. What the probationer is offered may be “fast” but may not be in his or her best interest, and could result in a waiver of defenses and rights that may be pursued by an aggressive law firm such as The Collins Law Group.
Incarceration is not the only possible outcome for a violation of probation.
Other possible resolutions include dismissal of the violation, a modification of probationary terms and conditions, or a new period of community sanctions that would include non jail sanctions. At The Collins Law Group we will work towards achieving the best possible outcome for your case.