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.
The probation violation lawyer in our Orlando office knows the criminal justice system and will work to protect your rights and freedom. Call (321) 475-0928 today.
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.
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.
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.
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.
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“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.
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.
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Boutique FirmAs 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
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Proven Track RecordWe have a history of achieving favorable outcomes for our clients through strategic negotiation and aggressive courtroom advocacy.
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Strategic AdvantageOur team brings a unique perspective to the table with a combination of former prosecution and extensive trial experience.
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Free ConsultationsDuring 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.
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Comprehensive Legal SupportWe offer clear communication, unwavering support, and tireless representation from start to finish.
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24/7 Help AvailableLegal issues can arise at any time, and we understand the urgency and stress that come with facing criminal charges.