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Violation of Probation

Tampa Probation Violation Lawyer

Have you been charged with Violating Probation in Tampa?

When a probation officer notices a violation, he can issue an arrest warrant and charge you with violating probation. In many cases an individual's probation is violated for technical reasons that could have been the result of a misunderstanding or something relatively minor.

If you have been charged with violation of probation, know your rights. A technical violation or being charged with a new crime doesn't mean that you will have to serve a jail sentence or mean the end of your probation. Contact criminal defense attorney Dereck Capaz for a review and evaluation of your case.

 

Probation Violations in Tampa

There are two types of drug probation violations: technical violations and the commission of a new offense while on probation (substantive law violations).

 

Technical Violation of Probation

A technical violation of probation is when a person is alleged to have violated a technical condition of his or her probation. Common technical violations of probation include:

• Failure to pay fines

• Positive drug screen

• Change of address without permission

• Failure to appear for probation meeting

• Being late to a probation meeting

• Failure to complete court-ordered classes

• Failure to pay restitution

• Other technical violations

 

New Law Violation of Probation

A new law violation of probation, or a substantive violation, occurs when a person is arrested or accused of committing a new criminal offense. If convicted on the "new crime," the individual can be sentenced on the new crime as well as on the drug crime for which they were already on probation.

If an individual is found to be not guilty of the new criminal charge, a prosecutor may still choose to proceed on the violation of probation charge. Unlike your original charge, in a violation of probation hearing, the prosecution does not have to prove their case beyond a reasonable doubt, but must only prove the new violation beyond a preponderance of the evidence.

 

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Defenses to Violating Probation

Possible defenses to a charge of violation of probation include:

• Innocence

• Compliance

• Insufficient Evidence

• Insignificant Violation

• Mitigating circumstances

 

Possible Scenarios: Tampa Violation of Probation

If found to be in violation of probation, possible consequences may include:

• Dismissal of the violation

• Reinstatement of probation

• Modification of probation

• Drug or alcohol treatment

• Obtain a bond or a release from jail upon the completion of conditions

• Your probation can be revoked and you can be adjudicated guilty of the underlying offense and then sentenced to jail or prison. The judge has discretion to impose the maximum punishment that could have been imposed at the time of sentencing for the underlying offense.

The Capaz Law Firm understands that there is much at stake when you are at risk of being found in violation of probation. Having a knowledgeable Tampa violation of probation lawyer to advocate on your behalf can make an impact on the outcome of your legal situation.

 

Tampa Criminal Defense Lawyer for Violation of Probation

As a former prosecutor, Dereck Capaz handled a large volume of violation of probation cases in traffic court, misdemeanor county court, and felony circuit court. As a result, he has the knowledge and skill to effectively evaluate and defend your case. If you have been accused or arrested for violating your probation, contact Tampa criminal defense attorney Dereck Capaz at (813) 440-2700.

 

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