Probation Violation Lawyers in Jacksonville, Florida (FL)
Jacksonville Probation and Violation of Parole Defense Attorneys
Dedicated to Defending Clients Against ALL Parole and Probation Violation Criminal Charges Throughout the State of Florida.
There are many ways a criminal arrest can unfold in Florida, which makes Florida's criminal justice system very complex and confusing. Once a person has been thrown into Florida's criminal justice system, there are many more directions an arrest, conviction, and release may go. One of these directions is probation. Adjudication might be withheld and probation assigned as part of the punishment, and/or probation might be assigned as part of the terms of a convicted individual's release from prison. In any case, the offender is required to abide by the terms of their probation or face the harsh consequences, which, in most cases, means back to prison.
Once someone has been accused of a probation violation in Florida, the ultimate goal should be to have the original probation order minimally modified or reinstated. To accomplish this, you should retain the services of an experienced Florida probation violation lawyer from Musca Law. Musca Law has more than 150 years of combined parole and probation experience, and we will work tirelessly to defend you in a probation violation.
Our firm offers free case evaluations, and our attorneys are dedicated to fighting for the best possible outcome on your behalf. Call us today at (904) 610-6545 for more information about your probation or parole violation criminal case.
The Complexities of the Probation System in Florida
The thought of receiving consequences should you violate probation is simple enough for an outsider to understand, but to the person who is bound to the terms of probation, it is a different story. The terms of probation are unique for each individual as the terms are tailored to the details of specific crimes.
Probation can include the following:
- A mandated curfew,
- The completion of a drug or alcohol treatment program,
- Professional requirements and/or limitations, and
- Other requirements.
Florida's various probation requirements make it simple for an individual to violate their probation terms accidentally. If someone on probation has not been adequately informed of the terms of their probation, they are at risk of violating their probation terms. Violation of Probation (VOP) carries significant punishments. There are even situations under which an individual is only believed to have violated their probation terms when they actually did not. Unfortunately, without aggressive legal representation, the violator of probation will receive t disciplinary action.
To understand your legal rights and options, contact the legal team at Musca Law today for your confidential consultation at (904) 610-6545.
Understanding the Different Types of Probation in Florida
Probation falls into several categories, depending on the individual's qualities involved in the criminal offense (e.g., mental health, age) or the nature of the crime. Under Florida Statute Title XLVII, Chapter 948.001, the following are the different types of probation that Florida State Law recognizes:
- Administrative Probation refers to a type of supervision that does not require reporting or contact because the offender does not pose a danger to members of a community. After the offender has completed half of their probation, the offender is given a milder form of probation.
- Community control refers to a type of harsh, controlled custody within a community (that includes legal surveillance over holidays and weekends) that administrative officers review. In the situation of community control parole, an offender has been isolated to a residential or community space that maintains stern guidelines and operates under sanctions.
- Drug offender probation refers to a type of harsh supervision during which drug offenders are treated based on administrative officers' rehabilitation plans (who manage no more than 50 cases each).
- Mental health probation refers to a special type of probation that blends general mental health treatment and plans tailored to individual convicts. The offenders will receive strict treatment associated with various mental health difficulties and (in some cases) receive psychotropic drugs that are prescribed as needed.
- Sex offender probation (sex offender community control) refers to a kind of supervision that can include electronic monitoring, mental health treatment, and registering as a sex offender. Probation officers who serve as the supervisors of these sex offenders must ensure the convicts follow treatment plans and complete polygraph testing (as well as other forms of close monitoring) as mandated by Florida State Law.
Understanding the Conditions of Probation in Florida
According to Florida Statute Title XLVII Chapter 948.03, the State of Florida courts will determine the terms and conditions of the convict's probation term. Here is a look at a few of the conditions that the offenders must meet in the State of Florida:
- Reporting to their probation officer as prescribed.
- Allowing the probation officer to visit them at their home.
- Completing work at a designated location.
- Staying within a specified geographical area.
- Living without violating the law.
- Repaying (restitution) the financial losses suffered by the victims.
- Paying off debts to a medical and/or detention facility.
- Supporting legal dependents.
- Paying State of Florida debts owed.
- Paying probation application fees, additional costs, and attorney fees.
- Avoiding associations criminals.
- Taking part in random drug and alcohol testing as directed by the probation officer
Reviewing the Special Conditions for Probation and Community Control Requirements in Florida
According to Florida Statute Title XLVII, Chapter 948.039, Florida Courts can initiate unique or special terms and conditions for convicts to perform as part of their probation or community control programs. Members of the court construct terms that are related and relevant to the crime that the convict committed and that are appropriate to the convict. The following are some examples of those special conditions:
- Regularly attend programs covering HIV and AIDS, if the program is available in the county of the convict's residency.
- Paying a monthly fee during the entirety of probation or community control to a nonprofit organization that supports rehabilitation activities supervised by the Florida Department of Control.
Successfully Completing the Period of Probation in Florida
Florida Statute Title XLVII Chapter 948.04 (1) states that any defendants who convicted of felonies and placed on probation will be supervised for no longer than two years (unless the court mandates a different probation period). However, convicts placed on probation or take part in community control are subjected to the most intense supervision, which lasts throughout the entire probation period or control program.
According to Florida Chapter 948.04(2), people who successfully complete the terms of their probation will no longer be charged for the criminal offense for which the probation was permitted by court. However, these people must fulfill all of their requirements for their probation program, under the court's instruction, before the charges will be dropped in the State of Florida.
Chapter 948.04(3) says that any individuals who successfully completes their community control or probation without any problems may be allowed to terminate their probation early if recommended by the Department of Corrections in Florida.
The Pretrial Intervention Process for Offenders in Florida
According to Florida Statute Title XLVII, Chapter 948.08, the department oversees pretrial intervention procedures for those charged with a criminal offense, prior to the filing of information or the return of an indictment (from circuit court). Ultimate programs offer mental health screenings, medical programs, educational programs, counseling sessions, and additional resources to help individuals connected to probation or community control in the State of Florida.
After the period of "pretrial intervention," the administrator might make these recommendations to the court:
- The convict's case should be diverted to normal pathways if the culprit's performance in the program has not met all qualifications and has been overall unacceptable.
- The offender needs additional supervision.
- In the situation that prosecution is not needed in the case, the court should consider dismissing all related criminal charges without prejudice.
After the pretrial period, members of the court consider the validity of those recommendations.
Violation of Parole (VOP) Penalties and Punishments in Florida
An individual suspected of violating their probation will be arrested without a warrant and then brought before the court. The court has the power to revoke, modify, or reinstate the probation order. The court could order the probation violator to be put into a community control program according to Florida Statute Section 948.06.
Violating Terms of Probation in the State of Florida
As described in Florida Statutes Title XLVII, Chapter 948.06(1a), if any court officials believe that a convicted person has violated the terms of their probation terms or community control, any member of law enforcement aware of the convicted offender's participation in such programs or any probation officer can ask a law enforcement officer to arrest the offender without any required warrant for arrest.
Here is a closer look at procedures that usually accompany a violation of probation:
- Chapter 948.06(1b): Any justice court judge (committing) has the right to issue an arrest warrant for the convict who violated their probation by means of an affidavit. In some cases, these judges might issue notices if the convict has never committed any qualifying criminal offenses in the State of Florida.
- Chapter 948.06(1c): If the justice court judge provides substantial evidence that an individual has violated their probation (as set up by a court), the arrest warrant may be issued.
The following special instructions for a hearing involving the violation of a probation charge, as described in Chapter 948.06 (1-d, 1-3). As indicated by this Florida statute, a court will:
- Inform the person who has violated their probation.
- Possibly order this individual to be taken before the criminal justice court that initially granted their probation.
- May release the probation violator without awaiting bail or commit the individual depending on the facts surrounding the crime committed.
- Consider the severity of the crime when determining bail.
Exceptions to Rules for the Violation of Probation in Florida
As described under Florida Statute Title XLVII, Chapter 948.06(3), the circumstances in which the criminal justice court has revoked probation or community control programs, these court officers will not permit the offender to receive credit for any terms of their probation that were already been completed. A subsequent probationary period may be permitted, as mixed with the previous rulings of probation.
Violating Terms of Probation for Felony Offenders in the State of Florida
Under Florida Statute Title XLVII, Chapter 948.06(4), any felony offender in the State of Florida who has been arrested for violating the established terms of their probation or community control program will automatically be ordered to stand before the criminal justice court that initially granted the individual probation or community control.
If the individual who has violated their probation and they were charged with a serious crime or they are a registered sex offender/predator, or if the individual is closely supervised, court members must decide if the individual does or does not pose a threat to public safety.
No arrest warrants shall be dismissed in any probation violation cases.
Violating Terms of Probation for Sex Offenders and Sexual Predators in the State of Florida
As described in Florida Statute Title XLVII, Chapter 948.063, if a person has been listed as a sexual predator or a sexual offender for the act of pursuing sexual activity with any juvenile age of 15 years or younger, and has ultimately been charged with violating their probation, this individual can face an additional term of supervision after revoking the original probation/community control program. For those defendants under 18 years of age, electronic monitoring is usually applied to the sentence.
Achieve Favorable Results with Quality Legal Representation
Probation violations are often committed unknowingly by the violator. However, this does not mean that the criminal justice courts consider all probation violations as minor, inconsequential infractions. In order to protect your legal rights and potentially maintain your freedom, you must retain the services of our skilled Florida probation violation attorneys who will analyze the details of your probation to develop a powerful defense strategy against Violation of Probation or Parole charges. At Musca Law, our firm's successful track record and over 150 years of combined legal experience gives you the edge you need to successfully avoid unfair consequences.
A conviction can carry with it heavy, life-altering consequences. Don't risk your future. Reach out to a Jacksonville parole and probation lawyer as soon as possible to protect your name and reputation.
Our lines are open 24/7. Call Musca Law today at (904) 610-6545.
Musca Law: Aggressive Jacksonville Advocates for Our Clients Accused of Parole or Probation Violation Throughout Florida
If you or a loved one have been accused of a violating the terms of your parole or probation in Jacksonville, Florida, you need an aggressive Jacksonville Violation of Probation Attorney from Musca Law. Together, our criminal defense attorneys have over 150 years of combined criminal defense experience. Our Jacksonville probation attorneys represent those accused of the most all criminal offenses, including parole violations, probation violations, DUI, drug dealing, batter, domestic violence, murder and all type of sex crimes.
Many of our lawyers have received top national honors including:
- Listed on The National Trial Lawyers – Top 100 Trial Lawyers;
- 2012 Florida Super Lawyers® for criminal defense representation; and
- Have a Perfect 10.0 Superb AVVO.com rating.
Our Jacksonville VOP attorneys are diligent, dedicated, and tenacious about our representation of our clients. We strive to uncover every weakness in the government’s cases and to construct the best defense strategy. Musca Law’s record of success both out of the courtroom and inside the courtroom speaks for itself. Do not wait to contact us, as your freedom and livelihood are at stake.
A conviction can carry with it heavy, life-altering consequences. Don’t risk your future. Reach out to a Jacksonville defense lawyer as soon as possible to protect your name and reputation.
Our lines are open 24/7. Call Musca Law today at (904) 610-6545.
Jacksonville Office Location
630 W Adams St #205
Jacksonville, FL 32204
88HM+PM Downtown, Jacksonville, FL, United States