Violation of Probation - Derek Byrd Attorney

Violation of Probation
Derek Byrd, Byrd Law Firm

Many people end up entering a plea and getting placed on probation. It’s usually considered a win. You didn’t go to jail, you didn’t get put on house arrest, and instead, you wind up on probation. The problem is, that’s where the problem starts! This blog will help you recognize violations of probation in Sarasota, FL.

It’s not easy for a lot of people to complete probation. There are a lot of requirements when you’re on probation. For example, you can’t possess a firearm while you’re on probation. You can’t leave the County without telling your probation officer ahead of time. You have to report once a month to probation. You’re subject to random urinalysis. And you can’t use any drugs you’re not prescribed while on probation.

Probation officers can come to your house. They can conduct a warrantless random search of your home if they want to. You have to maintain gainful employment or at least be looking for employment. You have to pay all your court costs, your fees, your fines, and your probation costs on top of all the requirements you have to complete. It’s actually pretty easy to violate your probation. Probation officers have a zero-tolerance policy which means they don’t really have discretion like, “Oh, you know what? You failed a drug test. It’s only marijuana. I’m going to let that go.” Or “Oh, you changed your address without telling me? Did you go to a Bucs game in Tampa without telling me? I’ll just forget about that.”

That’s not how they operate. They have strict orders that for the first violation you commit, they have to violate you. Here’s what happens when they violate you for even just a minor violation, a so-called “technical violation”: The probation officer fills out an Affidavit and sends it over to the Judge. The Judge signs a Warrant and a Warrant is issued for your arrest. This can happen very quickly. Probably the worst part about it is when Judges sign warrants for Felony cases, the Warrant is almost always issued with no bond. This means when you get arrested/turn yourself in, there’s no bond and you have to go to the first appearance. This means you’re actually stuck in jail until the first appearance, at the soonest.

That’s usually when I get the phone call from panicked relatives saying, “Hey, you know, little Johnny’s now in jail. He’s got no bond. Derek, please help him.” The first thing we typically do is file a Motion to Set a Bond, get you in front of your assigned Judge, and ask the Judge to set a bond. How well you did on probation has a lot to do with whether or not you’ll get a bond.

Is violation of probation a felony or misdemeanor?

The other thing about a Violation of Probation is that it’s not like a new crime. The standard of proof is not “beyond a reasonable doubt” – it is “beyond a preponderance of the evidence”. This means it’s very easy for them to prove that you have violated your probation and you don’t get a trial by jury. You only get a trial by a Judge. So, it’s not like your original charge that the State has to prove beyond a reasonable doubt in front of a jury. Instead, you’re in front of a Judge and the State has a lesser burden of proof.

Finally, believe it or not, you don’t have the right to remain silent at a violation of probation hearing. The State can call you as a witness, which they often do. Typically, if you’re contesting the violation of probation, the first witness the State calls is you.

The goal behind the violation of probation if, in fact, they can prove you violated, is to get you reinstated back on probation. And that happens, as you probably know, more often than you might think.

So, the goal is to avoid them just giving up on you and saying you’re no longer a probationary candidate. With a lot of my clients, I end up getting you back into drug treatment, and/or we have you start attending some classes. If you are behind on paying your fees, I stress that you have to catch up on paying those fees. I may reach out to the probation officer to “make nice”, and do everything that we can to put you back in the position where you can be placed back on probation as opposed to going to jail.

Mr. Derek Byrd specializes in Criminal Law and is Board Certified by the Florida Bar as a Criminal Trial Attorney.
The Florida Bar considers Mr. Byrd an “expert” in criminal trial law. This is the highest level of recognition given
by the Florida Bar. Board Certification is based on competency & experience within a defined area of law.
Mr. Byrd has held this honor since 2002.

Visit Derek’s page by clicking here

All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The Sarasota Attorneys disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.

Violation of Probation – Derek Byrd Attorney

Violation of Probation Derek Byrd, Byrd Law Firm

Is violation of probation a felony or misdemeanor?

Visit Derek’s page by clicking here

Violation of Probation
Derek Byrd, Byrd Law Firm