When a person is granted probation, they are not necessarily given freedom. However, being on probation is a lot better than being locked up in jail. There are several rules and regulations a person must keep in mind when they are on probation. If they fail to follow these rules, they can face serious penalization from the court.
Whenever a person is charged for a crime and placed on probation, they must abide by the restrictions placed on them. If a person fails to follow the restrictions, they will be guilty of a violation of probation. A person may carry out this violation technically or substantially. A technical violation means that a person breaks one of the terms of their probation. For instance, they may miss an appointment, or they may fail to pay the fines and costs necessary to the court. A person may also carry out a technical violation by failing a drug test or failing to complete certain court-ordered programs.
If a person is caught for a technical violation, they should speak with a criminal defense attorney as soon as possible to defend their violation and provide a viable defense for why they were unable to carry out the technical requirements placed on them.
Apart from technical violations, a person may be found guilty of a substantive violation as well. This occurs if a person is found guilty of committing another crime during their probationary period. If a person is on felony probation and they commit a crime, they will have to wait in prison until a decision is made concerning their next course of action.
Violating probation will lead to a violation of probation hearing being set up and the prosecutor must show the defendant failed to meet the conditions of the probation. A person may be sent to prison if they are found guilty of a violation.
Defending a probation violation in Fort Myers, Florida
Anyone who is brought to court for violating probation should recruit a criminal defense attorney to help them with the complex legal situation of their case. Some individuals may not have willfully violated their probation. For instance, they may not have had a job and therefore could not pay the court fines, and they may not have had any means of transportation so they could not attend a mandatory meeting, programs, and therapy sessions.
If a person was compelled to violate their probationary restrictions due to circumstances that were well beyond their control, they may not be penalized in court especially if they put up a good defense.
Get in touch with a criminal defense attorney today at the Law Office of Robert Foley to get help.
Reach them at:
2259 Cleveland Ave,
Fort Myers, FL 33901