When charged with a criminal offense in Florida, some individuals are put on probation instead of given a lengthy jail sentence. They may not be in confinement, but they are still required to follow strict rules—even when on unsupervised probation. Unsupervised probation involves a lot of conditions, but it’s preferable to jail time or being constantly monitored by a parole officer. A good criminal defense lawyer can help defend you in court and advocate for you to receive unsupervised probation, which can allow you to continue living your life without major disruptions. Defining Unsupervised Probation According to the State of Florida, probation is defined as court-ordered community supervision wherein a probationer is “required to abide by all conditions ordered by... Read More »
Probation isn’t quite freedom, but most would agree that it’s a lot better than being locked up. While there are a lot of rules that come along with probation, understanding them and knowing what constitutes a probation violation can help you prioritize your probation activities and stay on the right side of the law. What is Probation? Probation is a court-mandated supervision that requires an individual to abide by certain restrictions and to check in regularly with a probation officer. A judge may sentence an individual to probation instead of incarceration or in addition to incarceration. While probation is better than incarceration for most individuals convicted of the crime, some find the regulations too restrictive and have trouble adhering to... Read More »
An experienced Violation of Probation Attorney like Mike G can help you defend yourself during a violation of probation hearing. The Judge is required to review each allegation of a violation affidavit to determine whether an alleged violation is willful and substantial. The legal standard for proof is by the greater weight of the evidence. The evidence comes in the form of documents and testimony from witnesses that appear in court. Hearsay is admissible to help establish a violation but a finding of willful and substantial violation cannot legally be based solely on hearsay. If a Defendant makes a good faith effort to comply with the conditions of probation, but fails to comply because something outside of their control prevents... Read More »
