A defendant served a probation sentence stemming from a previous DUI conviction. The defendant had been ordered to meet certain conditions of probation, such as community service, payment of court costs and fines, and participation in a DUI program and victim impact panel. The defendant failed to complete any of the requirements as ordered by the court. The State filed a Violation of Probation charge against the defendant.
Violation of Probation
When a criminal defendant violates any terms of their probation, they commit a violation of probation. The court takes a violation of probation (VOP) very seriously. Depending on the nature of the original crime, one may face stiff penalties. Penalties could include any sentence that would have originally been imposed on the defendant during the original court date. Therefore, the defendant could receive the maximum penalty but not in excess of it.
Common ways to incur a violation of probation charge:
- Being arrested or committing a new crime
- Testing positive for drugs
- Missing an appointment with a probation officer
- Failure to complete a drug or diversion program
- Not paying legal financial obligations
The violation of probation must be willful. If a defendant makes all reasonable efforts to comply with their terms of probation, there is not a way that the violation is willful.
DUI Probation Criteria
Typically, when one is arrested for DUI (Driving Under the Influence) they are given specific criteria that they must follow for their probation. This often includes the following requirements:
- Community service – Generally 50 hours are mandatory. Many times, this community service may involve cleaning up roadsides. Some judges may allow the community service to be bought out at $10 per hour.
- DUI schooling – The defendant will need to register and complete DUI schooling or a DUI prevention program. This will be paid for by the defendant.
- No other crimes – The defendant must not commit any other crimes, nor be arrested for anything during their term of probation.
- Regular meetings with their probation officer – The defendant must meet with their probation officer on a regular basis.
- No alcohol or drugs – The defendant must avoid alcohol or other drugs while on probation. They will be subject to random drug-testing throughout their probation term.
- Fines – The defendant will be required to pay all fines and restitution.
Musca Law Firm
Musca Law serves the entire state of Florida and has successfully won cases from DUI convictions, drug charges, violation of probation, and many other criminal charges. Our firm has a team of attorneys that work together to create the strongest and most strategic legal defenses for our clients. We are not afraid to enter heated negotiations with the prosecution and we will fight for you and your rights. We offer an initial free consultation and have offices all across Florida to serve you. Please call us today at (888) 484-5057 to set up your first appointment with one of our experienced attorneys
RESULT: The attorney successfully negotiated the terms of the previous DUI conviction against the Client. The Court DROPPED the Violation charge. The diligence of the defense won our Client six additional months before probation was to be REINSTATED!