Violation of Probation - The Process in South Florida Criminal Courts
Violation of Probation problems start with a warrant request from a probation officer. If you, or someone close to you, is on probation in Miami, Fort Lauderdale, Hollywood or Palm Beach, start with knowing the terms and conditions of your probation. A Violation of Probation warrant must list the condition and how it was violated. Some probation conditions are considered “technical” others are “substantive”, i.e. some are not important enough to get one violated, others are. The conclusion of a technical vs. a substantive violation is made by a sentencing judge at a violation of probation hearing.
Step One: KNOW your probation conditions. They appear in your sentencing order, in the probation statute, or ask your probation officer. Step Two: keep close contact with your probation officer. Most violations are merely a matter of bad communication or missed check-ins. A violation of probation warrant means you will be picked-up and held in jail until a judge can hold the first of two hearings. At your first hearing you admit or deny the allegations contained in the Violation of Probation warrant. If you deny them you will be held over (usually a minimum of ten days) and then you can have a Violation of Probation Evidentiary Hearing. The State must prove the condition was in your probation and that it was violated. An experienced South Florida Criminal Defense lawyer from Miami or Fort Lauderdale, Hollywood, Davie or most of the towns in Broward County usually has his law office near the Courthouse in downtown Fort Lauderdale. Like a surgeon needs to be close-by his hospital, a real criminal defense lawyer is located near to the Fort Lauderdale jail and courthouse. Call for a free consultation if you have any questions or issues related to probation or a violation of probation warrant from courts in Fort Lauderdale, Miami, West Palm Beach or South Florida.