Fort Myers House Arrest Violations Attorneys
When a defendant has been sentenced to probation there is a natural tendency to think, "It's over." But it may not be over. There is still a list of rules, perhaps a lengthy list, with which you must comply or risk being incarcerated.
In other words, you could end up in jail for something as simple as failing a drug test.
At The Law Offices of Agoston & Chandler, P.A., we are Naples probation violation defense attorneys with prosecution experience. We believe our prosecution experience, combined with criminal defense experience and knowledge of the law, makes us an excellent legal option if you have been charged with a probation or parole violation.
If you are facing a probation violation, you do not have the right to face a jury. Your issue goes before the original sentencing judge.
Probation Violation Facts to Consider
If you have been charged with a probation violation, it is a wise idea to retain an experienced criminal defense attorney to represent your interests. These violations do not follow the typical criminal proceeding, and there are important differences to keep in mind.
- There is a lower burden of proof to be met, and the preponderance of evidence may be enough.
- Your violation does not have to be related to your original offense; it just has to be a rule violation of any type.
- Your violation may be heard in county court for a misdemeanor charge and circuit court for a felony charge. Different rules apply to a violation of probation (VOP) case compared to a regular criminal case.
- You are entitled to a hearing, but not to a jury trial.
Defense for Florida House Arrest Violations
For certain felony charges you may be placed on house arrest (community control) rather than be required to spend time in jail. If you violate the terms of your house arrest, and if proven guilty, you are completely re-sentenced as though probation never happened. In other words, you are not given credit for the time you spent on probation.
If your violation and the new arrest are for something different than the original charge, or the judge sees it as a trivial matter, the judge may choose to reinstate the probation rather than send you to prison.
An experienced criminal defense attorney by your side can be critical in these important negotiations with the court.
Experienced and Effective Criminal Defense ∙ Se Habla Español
Our Naples criminal defense lawyers represent Florida residents and out-of-state visitors charged with misdemeanors or felonies. Contact our Naples law office, or call 239-206-4311 locally or 888-754-3002 toll free to discuss your case, your rights and your options.
