Violation of Probation

If your probation is violated in Florida there is a strong chance that a judge will sign off on a no bail warrant, and you will be arrested. What makes things worse is that you could wind up sitting in jail for weeks waiting for your court date. If your probation has been violated get ahead of things by contacting a lawyer right away. South Florida criminal defense lawyer Benjamin Herbst specializes in probation violations, and he is available 7 days a week to offer a free consultation about your case. Benjamin has successfully handled hundreds of VOP cases and continues to fight for clients who have been violated. He will not let you sit in jail waiting for a court date! He will do whatever it takes to get you before the judge as soon as possible. If you have a warrant and have not been taken into custody yet, Benjamin will also try to have the judge recall the warrant and schedule your case for court. If granted, this may keep you from ever having to go to jail. Benjamin represents defendants in violation of probation cases in Miami-Dade, Broward and Palm Beach County, and is also an experienced Treasure Coast criminal lawyer for clients in Martin and St. Lucie County. He also handles community control violations, and can be reached anytime at (954) 543-0305. Benjamin has flexible office hours at his Fort Lauderdale and West Palm Beach locations, and is more than willing to travel anywhere from Homestead to Port St. Lucie to meet.

Probation and community control can be a blessing for some, as it may be the only alternative to a jail sentence. For others it can feel like a real setup, and leaves many regretting not electing straight time over probation. Either way, successfully completing probation takes work and is hardly easy. On top of all the requirements there are far too many probation officers on power trips, who are waiting to find a reason to violate a defendant. Thousands of probation violations are filed in Florida each year, but just because you have been charged does not mean you will be found in violation. South Florida probation lawyer Benjamin Herbst will look at your case from every angle, and will fight to have the violation dismissed. There are a variety of defenses that may be available in your VOP, including the state’s failure to prove the violation was substantial and willful. A probationer who puts forth reasonable effort to be in compliance cannot be found in violation under Florida law. In addition, the state may be unable to prove a violation by preponderance of the evidence, which is the standard used in VOP hearings. While far lower than proof beyond a reasonable doubt, the state still must prove it was more likely than not that a violation occurred. Keep in mind that an arrest alone is never enough evidence to prove a violation of probation in Florida.

There are numerous types of probation violations, and Benjamin has defended practically every single one. The most common violations are missing appointments (absconding), new law violations (arrests and criminal traffic charges), positive drug tests, failure to complete drug and alcohol treatment and failure to pay restitution. The most common community control violation is not being at home when required by GPS monitoring. There may be strong defenses available in each of these types of violations. For example, evidence of a positive drug test may not be based solely on an officer reading off a lab result, and defendants who fail to pay restitution cannot be revoked unless they have the ability to pay. House arrest and curfew violations must also be willful, so it may be a defense if a person on community control was unable to be where they were supposed to be.

Once a PO decides to violate a defendant in Florida, he or she will issue an affidavit of violation or a DOC violation report. The judge will then decide if there are sufficient facts to issue a warrant or to set the case for a hearing. In most felony cases a judge will issue a no bond capias, and unless there is a bail review motion filed, the defendant will sit and wait for the hearing. At the hearing the defendant must choose to either admit to the violation or elect an evidentiary hearing, which is like a mini trial. VOP hearings are more informal than trials, and the rules of evidence are relaxed to allow hearsay and other less credible evidence. Benjamin has extensive experience conducting VOP hearings and negotiating favorable outcomes in probation violations. He fights to reinstate his client’s probation or end it without any further sentence. Contact Benjamin today at (954) 543-0305 to learn how he can get you out of jail, and then argue for the best possible result in your violation of probation case.