Category: Violation of Probation

Violation of Probation

What is a Violation of Probation in Florida?

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 »

Violation of Probation – What Happens Now?

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 »