Violation of Probation
Lawyer
in Palm Bay, Florida
Probation
and community control violation charges are
serious matters. If you have been charged
with violating the terms of your probation
or community control, you need an
experienced Palm Bay criminal defense
attorney to protect and defend your legal
rights. Contact the Law Office of Richard G.
Canina today for your FREE CONSULTATION.
What is Probation?
Probation is viewed as an alternative to
incarceration. Probation affords the
offender a chance to stay out of prison or
jail and gives the judicial system a way to
monitor and restrain law-violators outside
of the penal system. Most often, probation
involves meeting with a probation officer,
taking drug tests, performing community
service, attending rehabilitation classes,
and paying fees relating to the cost of
supervision. Failure to live up to any term
of your probation may be grounds for a
charge of violation. It’s important to
realize that any willful, material violation
of a probationary sentence can subject you
to being re-sentenced for the original
crime. You could face up to the maximum
sentence for that crime.
Probation Violations in Palm Bay, Florida
There are two types of probation
violations: technical violations and
substantive violations. A technical
violation of probation is when an individual
violates any one of the special conditions
of their probation sentence. Common
technical violations include: changing
address without permission, failing to pay
court costs or fines, failing to appear for
a probation meeting, being late to a
probation meeting, and failing to complete
court-ordered classes.
A
substantive, or “new law” violation, occurs
when you are charged with a new crime while
out on probation. If convicted of the new
crime, not only will you face sentencing for
the new crime, but also sentencing for the
offense in which you were originally awarded
probation. Also, even if you are found "not
guilty" of the new crime, the court still
has the discretion to revoke your probation.
Defending Against Probation
Violations
Probation
violation cases are unique in that the
offender has no right to a jury trial on the
facts of the alleged violation. Also, the
state must only prove the case against you
by a “preponderance of the evidence", which
is much easier to satisfy than the
traditional “reasonable doubt” standard.
That’s why it’s important to retain a
skilled Palm Bay criminal defense attorney
who can challenge the prosecution’s case
against you. During your FREE initial
consultation, Mr. Canina will examine the
facts of your case, determine whether any
valid defenses exist, and prepare you for
what lies ahead.
Palm Bay Criminal Defense Attorney
If you or someone you know has been
arrested in Palm Bay for a violation of
probation / community control, do not
hesitate to obtain the advice of an
experienced Palm Bay criminal defense
lawyer. Since 1985, Richard G. Canina has
defended thousands of Brevard
County residents against probation/community
control violations. He will work vigorously
to protect and defend your legal rights.
Contact the Law Office of Richard G. Canina
today for a FREE CONSULTATION.
*The hiring of a lawyer is an important decision
that should not be based solely upon advertisements.
Before you decide, ask us to send you free, written
information about our qualifications and experience.