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Articles Posted in Violation of Probation

Initially, an arrest that results in formal charges by the State attorney must be proved “beyond a reasonable doubt” in order to obtain a conviction. Often, convictions result in a sentence of probation which requires a person to be supervised for a specific period of time and meet additional conditions that can include but are not limited to community service, monthly check-ins, fees, and drug tests. Unfortunately, when a defendant does not comply with their probation terms, a violation of probation also known as VOP is entered against the defendant. When a violation of probation has occurred, the State must meet a lower burden of proof for conviction known as “by a preponderance of the evidence.”

Florida Statute 948.06 provides the laws concerning violations of probation. If you are alleged to have violated a condition of probation, the following generally occurs:

First, your probation officer will submit an affidavit of violation to the court. The affidavit is a sworn statement detailing the willful and substantial ways in which a condition of probation has been violated. A violation can occur in a “material respect” or as a “technical violation.” A material respect violation occurs when a person has been arrested for a new felony, misdemeanor, or criminal traffic offense. Technical violations can include failed drug or alcohol tests, missed appointments with your probation officer, failure to pay fees, and failure to report address or employment changes. After the affidavit of violation is filed, the court will then review it, determine whether reasonable grounds exist, and issue a warrant for arrest or a notice to appear in court with a specified date. At times, a defendant can be placed on a “no bond” status, which will result in the defendant remaining in jail until a bond can be requested. The defendant will afterward be arraigned and scheduled for Pre-Trial hearings. Here, the State will be required to prove a willful and substantial violation.

I am currently on probation and have been struggling to meet all of the requirements. I am concerned my probation officer is going to violate me. What can I do, and what will happen to me if I receive a violation?

Most individuals on probation struggle to comply with all the requirements the court imposes on them, which results in violations being a common occurrence. Violating probation can result in a revocation of probation and the court imposing a sentence up to the maximum possible sentence for the original charge. Violations can occur for many reasons. Some of the more common situations resulting in a violation are being arrested on new criminal charges, failing to complete court-ordered programs, missing appointments with a probation officer, positive drug screens, or failing to pay imposed costs or restitution.

Once a probation officer has decided to violate someone, they will complete an Affidavit of Violation and submit it to the court. The court will then review the affidavit and issue a warrant for arrest if it is determined reasonable grounds for a violation exist. Often defendants are not eligible for bond on a violation once they are arrested. The defendant will be arraigned, and an evidentiary hearing will be set to determine if a violation occurred and probation will be revoked.

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I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
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