Violation Of Probation

Orlando Probation Violation Lawyer

Serving Defendants Throughout Orange County and Polk County

Probation is when a defendant, convicted of a crime and facing jail time, is offered a measure of leniency by the court. Defendants are permitted to stay free during their sentence, but under strict conditions that include regularly reporting to a probation officer. When someone is charged with violating those conditions, they face serious legal repercussions that can include going to prison to serve out their sentence. 

Facing a probation violation? Contact us at (321) 475-0928
 for experienced legal representation.

What Happens at a VOP Hearing? 

The VOP (Violation of Parole) hearing is where the charges will be adjudicated. On the surface, it will look like a trial. The prosecution will present its evidence and witnesses. As defense counsel, we can question those witnesses, challenge their evidence, and introduce our own facts that may undermine the prosecution’s narrative. 

However, beneath the surface, there are significant differences, and an attorney must know how to navigate them. Perhaps the most significant distinction is that the burden of proof faced by the prosecution is substantially lower than it was at the original trial. 

The reason is that the defendant has already been found guilty of the original crime, based on the threshold of beyond a reasonable doubt. At the VOP hearing, the prosecution will only have to prove their case by a preponderance of evidence. What does this distinction mean in the real world? It means that the court only has to be about 51 percent sure of the defendant’s guilt rather than the 95 percent at the original trial.

Furthermore, there is no jury in a VOP hearing. At the original trial, the defense only needed one juror out of 12. Now, the defense and the prosecution are on equal footing and seeking to persuade the judge. 

A defense lawyer must adapt to these changed dynamics. Whereas the original trial defense can focus mostly on just casting doubt on the prosecution’s case, a VOP hearing may call for a more aggressive legal posture. The probation violation lawyer in our Orlando office has deep experience in the courtroom setting, including VOP hearings, and understands the right tactics and methods to use in each individual case. 

Types of Probation Violations

  • Technical Violations
    Technical violations involve failing to meet specific conditions of probation that do not include committing a new crime. Some common technical violations include:
    • Missing Appointments: Failing to meet with a probation officer as required.
    • Curfew Violations: Not adhering to a court-ordered curfew.
    • Failed Drug Tests: Testing positive for drugs or alcohol when prohibited.
    • Not Completing Court-Ordered Programs: This includes failing to attend mandatory counseling or community service.

These violations may seem minor, but they can still result in severe consequences.

  • Substantive Violations
    Substantive violations occur when the probationer commits a new crime or re-engages in illegal activity while on probation. Examples include:

Substantive violations are taken very seriously and often lead to more severe penalties.

  • Examples of Probation Violations
    Here are some real-life examples to help clarify the difference:
    • Technical Violation: A defendant misses a meeting with their probation officer due to an unexpected work conflict. This may result in a minor violation.
    • Substantive Violation: A defendant is caught selling drugs while on probation. This is a serious violation that may lead to jail time.

Potential Penalties for Probation Violations

  • Increased Probation Time
    After a violation, a judge may decide to extend probation, requiring the defendant to remain under supervision for a longer period.
  • Fines and Community Service
    In addition to extended probation, a judge may impose fines or add extra community service hours to the defendant’s sentence.
  • Imprisonment
    The most severe consequence of a probation violation is the possibility of imprisonment. If the violation is substantial or involves a new crime, the judge may revoke probation and send the defendant to jail to serve their original sentence.
  • Restoration to Probation
    In some cases, the court may reinstate probation but with added conditions. These could include stricter monitoring, more frequent check-ins with a probation officer, or additional programs to attend.

Factors That Affect Sentencing After a Violation

  • Severity of the Violation
    The seriousness of the violation plays a major role in determining the sentence. A minor technical violation (like missing one meeting) is less likely to result in jail time than committing a new crime while on probation.
  • Prior Criminal Record
    A defendant’s previous criminal history can impact sentencing. If a person has a long record of violations or offenses, the court may impose harsher penalties.
  • Efforts to Comply
    If the defendant has shown efforts to comply with the terms of probation—such as attending all scheduled meetings, completing programs, or maintaining stable employment—this can work in their favor. The judge may consider these efforts when deciding the punishment for the violation.

By understanding these factors, defendants can better navigate their probation terms and seek legal counsel if they face a potential violation.

Probation Violation Defenses

The issue to be decided is whether or not the defendant’s violation was both willful and substantial. A defendant who was fifteen minutes late for their required meeting with the parole officer may not have been late willfully if there was traffic. In either case, it’s unlikely such a violation would be considered substantial. At the other end of the spectrum, a defendant who goes out of town, meets with old friends in the underworld, and misses their required meetings may be in a tougher spot. 

It’s often required that defendants on probation get employment. What if an honest effort to get entry-level work isn’t getting results? There may be a violation of probation, but it isn’t willful.  

Call (321) 475-0928 today or contact us online. We offer free consultations, including a virtual meeting if you find that more convenient.

Orlando Probation Violation FAQ

  • What are the types of probation violations?
    Violations are generally categorized into technical and substantive violations. Technical violations involve failing to meet specific conditions of probation, such as missing a curfew or not attending mandatory counseling sessions. Substantive violations involve committing a new offense while on probation.
  • What are the potential consequences of a probation violation in Florida?
    Consequences can be severe and may include extended probation, additional fines, community service, or even jail time. The severity of the penalty largely depends on the nature of the violation and the individual's past criminal history.
  • Can I defend myself against a probation violation charge?
    Yes, possible defenses include proving compliance with probation terms, demonstrating that the violation was not willful, or showing that there was a misunderstanding or error. An experienced attorney can help build a strong defense based on the specifics of your case.
  • How does Florida state law impact probation violations?
    Florida law provides judges with considerable discretion in handling probation violations. Understanding these laws is crucial, as they influence how violations are judged and what penalties may be imposed.
  • Why is legal representation important in probation violation cases?
    A skilled attorney can help navigate the complexities of the legal system, present evidence on your behalf, and negotiate for lesser penalties. Having legal representation increases the chances of a favorable outcome and ensures your rights are protected.
  • What should I do if I am accused of violating probation in Orlando?
    Contact a defense attorney immediately. It's important to act quickly to understand your charges, explore your options, and prepare a defense. Avoid making any statements to authorities without legal counsel.
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A Track Record of Success

Every case is different, and the best possible defense can only be determined after we meet with the client, hear their side of the story, and explore possible sources of evidence we can use on their behalf. 

Attorney Mills has been a lawyer in the criminal justice system for over 14 years. That includes time on the other side of the aisle, as a prosecutor. He knows from experience the mistakes that law enforcement officials can make, how to go about looking for them, and how to leverage them on behalf of his clients. 

We’ve been fighting for defendants since 2015 and have built up a strong record of success. While those positive results can’t guarantee the outcome in any future case, they can tell you this—we know what we’re doing, and you can be confident your case is in good hands. Let us help. 

  • “If you need an amazing lawyer, look no further.”
    “Jonathan was able to get my case dismissed and ALSO had the case sealed and my record expunged. All in all, Jonathan Mills did a remarkable job and I couldn’t have asked for better representation.”
    - Frank R.
  • “I highly recommend him to anyone facing severe criminal charges.”
    “Mills made sure to handle this case as if it was his own family going through this tragic ordeal. With that said I cannot express how thankful our family is for his dedication.”
    - Angela V.
  • “He is efficient, professional and reliable.”
    “We’re very happy that we went with him as our lawyer. Thank you attorney Mills for the time you put in this case and producing a better than expected outcome!”
    - Hannah B.
  • “Jonathan was an amazing lawyer and went far beyond what was expected.”
    “He understood the challenges that she was facing and stuck with us well beyond the length of time that was reasonable. The end result was better than we ever could have hoped for.”
    - John C.
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What You Can Expect Working With Us

When you choose Attorney Mills, you receive unwavering support and transparent communication throughout your legal journey. Learn why clients choose us by scheduling a free consultation.

  • Boutique Firm
    As a boutique firm, we offer the resources and expertise of a larger practice while maintaining the personalized service and attention to detail that sets us apart
  • Proven Track Record
    We have a history of achieving favorable outcomes for our clients through strategic negotiation and aggressive courtroom advocacy.
  • Strategic Advantage
    Our team brings a unique perspective to the table with a combination of former prosecution and extensive trial experience.
  • Free Consultations
    During your free consultation, we will review your case details, answer your questions, and provide an initial assessment to help you understand your legal options and next steps.
  • Comprehensive Legal Support
    We offer clear communication, unwavering support, and tireless representation from start to finish.
  • 24/7 Help Available
    Legal issues can arise at any time, and we understand the urgency and stress that come with facing criminal charges.

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