St. Petersburg Probation Violation Lawyer
Legal Representation with a Client-Centered Approach in Pinellas County
A violation of probation occurs when a defendant does not comply with the terms of probation. This accusation should be taken seriously, as there are potentially serious penalties if you are found in violation. You need an experienced St. Petersburg probation violation attorney to defend your rights. At McNulty Parker Law, PLLC, Anita will fight for your rights and your freedom.
How Probation Violations Occur
A violation of probation can happen in many ways. In some situations, such as failing to report, the failure could have been the result of an innocent mistake.
Common ways individuals violate the terms of their probation include:
- Failing to report to a probation
- Failing to pay fines or costs associated with probation
- A positive drug test
- Being arrested for a new crime
- Failing to complete a required drug treatment program
Many people often confuse the difference between the legal standard required to convict in a criminal case and the standard required to violate your probation. To convict at trial, the State must prove its case beyond and to the exclusion of every reasonable doubt. In a VOP hearing, however, the standard is much lower.
In a VOP hearing, the State must only prove that you willfully and substantially violated your probation by a preponderance of the evidence. This standard is fairly easy to prove during a violation of probation hearing. For this reason, it is vital to seek skilled representation from an experienced St. Petersburg violations of probation lawyer if you have been accused of violating your probation.
Penalties for Probation Violations
The penalties for a VOP are wide-ranging but can be serious. The trial court has broad discretion in determining the punishment for a defendant found to be in violation of probation. This can be a good thing, since you may be able to explain the circumstances to the satisfaction of the court. However, it also means it is up to the judge to determine the penalty for the violation.
If you are found guilty of a violation of probation, the penalties may include:
- Reinstatement on probation
- Additional conditions modifying your probation
- Jail/prison time
Due to the lower burden required to prove you violated your probation and the vast range of penalties the court may impose, you should consult with a knowledgeable St. Petersburg violations of probation attorney immediately to address your options.
Talk to a Qualified Defense Attorney
Anita has handled a variety of probation violation scenarios and has even been successful arguing that a violation of probation should be dismissed. Often, the reason for the violation and the original charge can impact the court’s decision about how to handle the violation. Anita works to build a strong case to argue for leniency for her clients.
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