TAMPA PROBATION VIOLATION LAWYERS

Defending against a probation violation will typically involve some or all of the following:

• Gather facts and evidence that show that the alleged violation is unfounded
• Rebuttal of the PO’s affidavit that the violation happened
• Presenting defenses explaining why the violation occurred
• Meet with the prosecutors prior to the probation violation hearing in an attempt to get the allegations dropped ahead of time
• Present mitigating evidence to lessen any punishment if a violation did take place
• Showing contrition for the violation and seeking another chance

To rebut the affidavit, a violation of probation lawyer in Tampa will force the prosecution to provide evidence of the probation officer’s allegations and present evidence rebutting it. For example, if the PO alleged that someone was not home, their lawyer might defend them by showing that they were in fact at home, but too sick to answer the door.

Showing that you lacked the intent to violate your conditions is a common defense.  An example defense against a drug test violation might demonstrate how prescription medication can cause a false positive.

Anytime someone appears in court for a probation violation, they should show the judge they have the ability and desire to continue their probation.

Common Probation Violations

A few common probation violations include:

• Failing a random drug test
• Committing a crime while on probation
• Failing to maintain employment
• Failing to report for a meeting with your probation officer
• Failing to pay fines or restitution

Penalties for Violating Probation in Tampa:

Judges have fairly wide discretion in punishing probation violations. Some possible outcomes include:

• Extending probation
• Modifying probation to impose new conditions
• Revoking probation and sending a defendant to jail to complete their sentence
• Receiving new or additional charges
• Being required to wear an electronic monitoring device

Keep in mind that if your violation produced new criminal charges, you could face additional punishments.

There is a lower standard of proof required for probation violations

If someone has missed a meeting with their probation officer or have been found to be in violation of another of the terms of their probation, they will usually be held in jail without bond until their hearing date. They will not have the right to a jury trial for a probation violation, but will have a hearing before a judge.  The prosecutor will only need to show that it was likely that the defendant committed a violation because standard of proof is lower than for a typical criminal offense.  Without looking further into the matter, a judge may be quick to accept the word of a probation officer.  Because of this, it is important to have a legal professional to help present the case.

A probation violation is a serious offense that comes with a great risk of jail time, even for a relatively minor violation.  It is especially important to find the best legal representation available and hire a seasoned Tampa probation violation lawyer with experience in representing clients accused of violation of probation (VOP).

Experience and respect in the courts earned by our Tampa probation violation lawyers benefit our clients

Fernandez Law Group has a long record of success in Tampa, Florida by helping their clients avoid going to prison for probation violations.  Tampa probation violation lawyer Frank Fernandez has more than 20 years of experience as a Florida defense attorney and understands how the state’s criminal justice system works.  He has earned the respect of prosecutors and judges, and knows how to present your case in such a way as to obtain a favorable outcome in many cases.  Frank understands that things happen which may be beyond a defendant’s control, to interfere with their ability to be in perfect compliance with the conditions of their probation.  Frank will fight aggressively and persuasively for his clients to retain their freedom.

Jeff Quisenberry is a Criminal Defense and Civil Trial attorney with over 20 years of state and federal experience. He has tried over 100 jury trials including over 15 homicide cases and over 50 sexually based crimes.  These cases can be difficult and require the expertise that only a former prosecutor can bring to his client’s defense.  During his career as a trial attorney, Mr. Quisenberry cross examined over 75 expert witnesses and deposed hundreds of witnesses.

Jeff spent half of his career as prosecutor for the Twelfth Judicial Circuit before moving into private practice. This experience is particularly important in his representation of criminal clients because he has inside knowledge of how the state will likely build its case.  Likewise, he understands what negotiating tactics are pertinent to get charges dropped or otherwise resolved without a conviction on his client’s record.

Our team of probation violation lawyers have experience as former prosecutors, working on that side of the courtroom. Because of that insight we are able to better communicate with the prosecution, often reducing charges, bail amounts, and sentencing before a trial date is even discussed.

Freedom is one of the most valuable assets we have, and worth the fight.  Fernandez Law Group won’t allow an oversight, a mistake, or a misunderstanding regarding somoene’s probation deprive them of their freedom.  If a probation officer is suggesting there was a violation, take advantage of our free consultation and detailed case review.   Having the Fernandez Law Group on your side can make the difference between freedom and years behind bars.  If a probation officer has indicated that you or someone you know is in violation of one of the terms of probation, it is important to consult with a probation violation defense lawyer immediately.  We will immediately start working on the matter and work towards no additional time being served.