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Violation of Probation 

James Coulter Violation of Probation Attorney

Under Florida Statute § 948.001(8), probation is defined as “a form of community supervision requiring specified contacts with parole and probation officers and other terms and conditions.” Courts often sentence alleged offenders to probation as a result of plea agreements for criminal offenses that are deemed less serious in nature.

While probation certainly offers offenders more freedom than they would have while incarcerated, there are still some strict requirements that are expected to be abided by in order to avoid a violation of probation (VOP). If a person violates the terms of his or her probation, he or she could face some very serious consequences—possibly including imprisonment.

Melbourne Florida Violation of Probation Lawyer

If you allegedly violated the terms of your probation in Florida, it will be critical for you to have legal representation in order for you to achieve the most favorable outcome at your hearing regarding the supposed violation. The Law Offices of James B. Coulter aggressively defends clients accused of violating their probation and fights to minimize the potential penalties.

Our Brevard  County violation of probation attorney represents Melbourne residents as well as many other Brevard County and  Florida residents and visitors, including tourists who live in other states. Call (321) 586-9944 right now to take advantage of a free, confidential consultation that will allow our firm to review your case.


Florida Violation of Probation Information Center


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Terms and Conditions of Probation in Brevard County and other Counties in Florida

The terms of probation differ from case to case, and a court reserves the right to determine the specific conditions that an alleged offender will be expected to abide by. However, the standard terms and conditions that are frequently used by many courts are listed under Florida Statute § 948.03.

The 16 different conditions listed under this statute include:

  • Do not associate with persons engaged in criminal activities;
  • Do not violate any law;
  • Maintain suitable employment as possible;
  • Make any reparation or restitution as determined by the court;
  • Pay all debts due and to the state;
  • Pay all debts due to county or municipal detention facility;
  • Pay any additional court fees;
  • Permit supervisors to visit probationer at his or her home or elsewhere;
  • Prohibited from possessing, carrying, or owning any firearm or weapon;
  • Prohibited from using intoxicants to excess or possessing any drugs or narcotics unless prescribed by a physician;
  • Remain within a specified place;
  • Report to probation and parole supervisors as required;
  • Submit to random testing for alcohol or controlled substances;
  • Submit to the drawing of blood or other biological specimens and reimburse the appropriate agency for the costs of drawing and transmitting the blood or other biological specimens to the Department of Law Enforcement;
  • Submit to the taking of a digitized photograph by the department as a part of the offender’s records; and
  • Support all legal dependents.

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Violation of Probation Hearings in Melbourne, Florida

When a person has been accused of violating his or her probation, the VOP hearing is remarkably different from the rights people traditionally have when facing criminal charges. Some of the ways that VOP hearings are different include:

  • Alleged offenders can be forced to testify against themselves;
  • Alleged offenders have no absolute right to bond and may be held in jail until VOP hearing;
  • Alleged offenders have no right to jury trial;
  • Guilt can be proven by preponderance of the evidence, not beyond a reasonable doubt;
  • Hearsay is admissible at VOP hearings; and
  • There is no statute of limitations on VOP charges.

There are different kinds of probation violations in Florida, and the seriousness of type of violation will affect how the State Attorney’s Office and the judge view a person’s case. Technical violations such as changing an address without permission, not completing a court-ordered program, or missing or arriving late for a meeting can all have possible explanations that help reduce or eliminate any consequences. This can also be true for financial or “failure to pay” violations when fines or other court-ordered costs are paid late or not paid at all.

Substantive violations, or new criminal offenses, are much more serious. New arrests can be especially tricky because they can still be used in VOP hearings even if those charges are dismissed or the alleged offender is acquitted.


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Brevard County Violation of Probation Consequences

The best outcome that an alleged offender can hope for at a VOP hearing is that the judge will find that there was no probation violation. However, if a judge determines that there was a probation violation, then that will lead to one of three outcomes:

  • Continue Probation — Sometimes a judge may find an alleged offender indeed violated the terms of his or her probation, but may order that he or she simply continue the probation term without any new or additional sanctions.
  • Modify Probation — A judge may add new conditions to the probation terms originally established. This may include lengthening the term of supervision, ordering additional drug testing, or requiring the completion of more community service.
  • Revoke Probation — The least favorable outcome to a VOP hearing is a judge deciding that a probation violation constitutes imposing the original jail or prison sentence. Worse yet for alleged offenders, the time that was already served on probation will not count towards time served in imprisonment.

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Florida Violation of Probation Resources

Adult Community Supervision Offices - Circuit 18 — The Brevard County Circuit Office of the Florida Department of Corrections serves Brevard County and Osceola County. On this website, you can find information on the Office of Re-Entry, Community Corrections, and various institutions.

101 Sunnytown Road, Suite 130
Casselberry, Florida 32707 
(407) 262-7400

Brevard County Probation Services Frequently Asked Questions — This Brevard County government webpage contains answers to 16 of the most frequently asked questions about probation. This includes firearm rights, what to do if arrested, and conduct for those with “No Contact” orders.

Florida Department of Juvenile Justice Probation and Community Intervention — This website provides an overview of probation and community intervention for youths under the age of 18 who have been charged with a crime in Florida. You can find information about Florida civil citations, Community PACT, electronic monitoring, and the Interstate Compact for Juveniles.


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Find A Violation of Probation Lawyer in Melbourne, Florida

Have you received a notice to appear or was your loved one arrested because of an alleged probation violation? Do not delay in seeking legal counsel for the upcoming VOP hearing.

The The Law Offices of James B. Coulter provides assistance in these matters for clients all over the state of Florida and County of Brevard. You can have our Brevard County violation of probation attorney provide a complete evaluation of your case by calling (321) 586-9944 to schedule a free consultation.

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Law Offices of James B. Coulter
1402 Highway A1A, Ste A Satellite Beach , FL 32937
Membership
American Bar Association
Florida Justice Association
Phi Alpha Delta Law Fraternity
Brevard County Bar Association


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The information provided on this website is for general information purposes only. The legal information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a criminal defense lawyer in Orlando, FL, for advice regarding your own individual situation.
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