If you or a loved one have been arrested for a probation violation or a new crime, you must speak with an attorney as quickly as possible. In many cases, the parolee or probationer is arrested and put into jail by a parole officer or probation officer because of an error, omission or misunderstanding. If found guilty of violating the conditions of your probation or parole agreement, the penalties imposed by the court can be extraordinarily harsh.
Musca Law helps its clients through these difficult times by sorting out the issues, rigorously defending their clients, and looking for any opportunity or technicality to obtain a favorable result for their clients. In some cases, a probation violation attorney may find administrative errors dealing with drug testing, community service, or failing to report, which can lead to a dismissal of the violation. Also, a technical violation will not always terminate your parole or probation.
Retaining an experienced criminal justice attorney can be an effective way of keeping your parole or probation intact. For example, there are specific programs that are currently available, which may enable you to reinstate your parole or probation. One excellent example is a drug treatment program. A Musca Law attorney may be able to persuade the court that you are an ideal candidate for a drug treatment program. Participation and competition of an authorized drug treatment program would undoubtedly be a better option than jail, and competition could result in an automatic reinstatement of your parole or probation.
Understanding Your Legal Rights
One of the common misunderstandings about probation and parole is that these are legal rights. However, parole and probation agreements are considered a privilege, not a legal right under Florida law. However, you do have certain protections and legal rights to be aware of to give you the best chance of defending yourself. As a parolee or probationer, you should understand the violation process in order to safeguard your freedom. One important right is your right to receive notification of probation or parole allegation. You also have the right to have a hearing to defend these allegations. You are also permitted to retain legal counsel to assist you in defending yourself against accusations of probation or parole violations. The court will determine whether the accused violator will remain in jail while waiting for this hearing or will be released and the terms of the release.
The Penalties for Violating the Conditions of Probation
A criminal justice judge has the power and authority to give the maximum punishment allowable for the original criminal offense for violating the terms of a probation or parole agreement. Also, the judge could decide to issue an arrest warrant that does not allow you to post bond. In this situation, if you retained Musca Law, our attorneys would file a motion to set bail and argue on your behalf that you should be allowed the opportunity to "bond out of jail."
The Best Defense is a Stronger Offense
One of the ways Musca Law fights hard to reinstate their clients' probation or parole as well as keep their clients out of jail is to develop a proactive strategy. In many cases, the court will allow the parolee or probationer a chance to regain compliance with their parole or probation agreement. In many cases, experienced parole and probation attorney can help you become compliant and fight to have the alleged violation dismissed. This strategy can help to persuade the judge to reduce the punishment imposed on the parolee or probationer.
If you have been charged with a new crime, an experienced attorney will also defend their client on that case while advocating for a dismissal of charges or leniency. The facts of your case, the violation, the new charge(s), your criminal history, and your age will be considered by the court when determining dismissal or the type of punishment that will be imposed during the sentencing stage of your case.
Probation Bonds, Zero Bonds and Violation of Probation Bond Hearings
When a parolee or a probationer is accused of violating the terms of their probation or parole, the justice court judge will review the parole/probation officer's affidavit and then determine whether the offender will be permitted to "bond out" or not. The justice court judge may also set a hearing at a later date to determine if the bond will be allowed or not. In some circumstances, a judge may issue a "zero bond." If the judge sets a "zero bond," the parolee or probationer will not be permitted to bond out of jail. Unfortunately, judges are more inclined to set a "zero bond" on violation of probation cases.
Can an Attorney Visit Me While I am in Jail?
Yes. An attorney from Musca Law is permitted to visit clients who have been arrested for violating probation charges. In probation or parole violation cases, the defendant will be placed on a no-bond hold, and the defendant is not permitted to leave jail while awaiting their hearing. A motion to set a bond is a petition to the court to allow the parolee or the probationer to "bond out" if a zero bond was initially issued with the arrest warrant. If your arrest includes new criminal charges, your chances of being able to "bond out" will depend on the new charges, your criminal history, your probation/parole history, and many other factors.
How to Receive Your Free Case Review
At Musca Law, our legal professionals are available 24/7 at (888) 484-5057 to take your call. We can even come to you. Our legal team understands those probation violations are usually committed unbeknownst to the violator. However, the criminal justice system in Florida does not consider probation violations as inconsequential mistakes. To protect your rights and potentially your freedom, you should retain the services of a qualified Florida probation violation lawyer who can analyze the facts of your probation agreement and the allegations to develop a solid strategy to defend against VOP charges.