When an individual is accused of a violation of probation they are not being charged with a new crime. Since the individual has already been given probation in sentencing, a proven violation of that probation may result in enforcing penalties according to the sentencing guidelines of the underlying crime which the individual was originally convicted of.
The courts take probation violations very seriously because by giving you probation instead of jail time for a conviction, they have shown a leap of faith that you have the ability to stay out of trouble and follow the probation guidelines.
When you violate the probation, you have also violated the courts trust, which they do not respond favorable to if the violation of probation has been proven to exist.
An individual may be accused of violating their probation as a result of a "Technical Violation" or a "Substantive Violation."
Technical Violation of Probation: occurs when an individual violates the special conditions of their imposed probation. This type of violating the terms of probation does not involve committing a new crime. Common technical violations of probation include:
: occurs when an individual violates the conditions probation by the act of committing a new crime. If convicted of the new crime, the individual will not only face the sentencing of the new crime, but also have the sentencing guidelines of the associated crime which lead to your probation being instated as well.
One of the pitfalls of being accused of a new crime is that even if you are found "not guilty" of the new alleged crime, the court has the authority to revoke your probation and reinstate the original conviction and sentencing guidelines. Unlike your original trial, in a violation of probation hearing, the prosecution must only prove that a "preponderance of the evidence" existed.
The Sharpe Law Firm aggressively defends the legal rights of those who are facing allegations of a probation violation or other criminal defense legal issues. We will addresses all related issues that should be taken into consideration when defending violation of probation allegations.
Phone: (407) 625-1649
Office Mailing Address:
3219 Thomasville Rd,
Tallahassee, FL 32308
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Since being admitted to the bar, Bill Sharpe has defended hundreds of clients and acted as a defense council in more than 110 trials before juries, with over 73 victories.
These include serious 1st degree and 2nd degree felonies, as well as all types of traffic cases; DUI cases, in both Misdemeanor and Felony Courts in most Judicial Districts throughout the State of Florida.
Born in 1949, Mr. Sharpe was raised in Birmingham, Alabama, not far from City Hall. To stand against what he witnessed in downtown Birmingham as a young man has become his life work.
He is a passionate scholar of the United State Constitution and of the history of the 1960's in America.
At The Sharpe Law Firm, we are dedicated to giving clients personalized attention, responding to calls and e-mails promptly and handling all aspects of each case. Contact us to schedule a free initial consultation about your case or legal issue by calling (407) 625-1649.