Tampa Probation Violation Lawyer
While probation can be an excellent outcome in a criminal case – allowing you to live and work in the community and stay with your family – probation comes with various terms and conditions, the severity of which varies depending on the case. Despite your best intentions, you may find yourself charged with a violation of probation. If a person violates probation, he or she can have their probation revoked and be sentenced up to the statutory maximum for the crime for which they were originally sentenced. A person with a pending violation of probation can be held in jail with no bond.
In order to prove a violation of probation, the State must prove that you willfully and substantially violated one or more terms of probation. If you have been charged with a violation of probation in the Tampa Bay area, you should have the assistance of an experienced Tampa probation violation lawyer. Donald C. Barrett has the knowledge, skill and experience to defend you against any alleged violation of probation.
Terms and Conditions of Probation in Florida
Being on probation allows you to avoid incarceration; however, you are under the supervision of a probation officer. Violating the terms of your probation, including committing a new law violation, may subject you to a jail or prison sentence. If you are charged with a new law violation, it is not necessary for you to be convicted of the new offense in order for your probation to be violated. The reason for this is that there is a lower burden of proof for a probation violation than for a criminal conviction.
The following are some of the standard conditions of probation in Florida:
- Report to your probation officer as required
- Comply with instructions from your probation officer
- Allow your probation officer to visit you at your home or elsewhere
- Maintain suitable employment
- Pay restitution
- Support dependents
- Do not change your residence (without permission)
- Live without violating the law
- Refrain from associating with persons engaged in criminal activity
- Refrain from using intoxicants to excess
- Submit to random drug or alcohol testing
- Refrain from possessing or carrying firearms
- Have your photo taken which may be displayed on Department of Corrections website
- Submit a DNA sample
If you are charged with a probation violation in Tampa, Donald C. Barrett can help
You are entitled to due process of law before a court can revoke your probation and send you to jail, or extend your probation and add additional restrictions. While you may not have all the rights afforded to a criminal defendant in a jury trial, you do have the right to challenge the alleged violation, submit evidence or testimony in your favor, or argue you suffered a violation of your civil or constitutional rights. You also have the right to be represented by an attorney in this proceeding. Tampa criminal defense attorney Donald C. Barrett has achieved success on behalf of clients facing violation of probation charges by thoroughly investigating the facts of the case and arguing persuasively about what the law requires in the given situation.
It is also possible to seek a modification of probation where certain terms of your probation may be modified or eliminated. You may also seek early termination of probation if you have complied with all the terms and conditions of your probation. Whether you have been charged with violating probation, or you seek to modify or terminate your probation, contact Donald C. Barrett, P.A. to discuss your options.
Experienced Tampa Defense Lawyer for Alleged Probation Violations
If you are facing a violation of probation in the Tampa Bay area, contact Donald C. Barrett, P.A. at 813-280-1201 for a no-cost, confidential consultation regarding your options to avoid having your probation revoked, extended or further restricted.