Violation of Probation
Many criminal offenders are released on probation, instead of spending time in jail or prison, after pleading guilty or no contest to their criminal offense in Hernando County. The alleged offender is sent to a supervised program or probation and required to meet a number of requirements. Failure to meet all of the requirements set down by the court could result in the criminal offender being charged with a VOP – Violation of Probation.
Individuals can be charged with violating their parole, another form of supervision, but this only applies to offenders who have been released from prison or jail. Terms and conditions that are required for the release of the offender must be met, or the individual could be charged with a violation of parole in Hernando County.
Violations of parole or probation lead to serious repercussions in the state of Florida, including a modification of the terms set down by the court, revocation of the entire probation or parole, or even new criminal charges. Seeking an experienced Brooksville area criminal defense lawyer is a highly recommended option if you have violated your probation or parole. A qualified criminal defense attorney in Spring Hill or the surrounding areas may be able to assist in modifying the conditions of the release or have the terms of the original probation reinstated.
Probation Violation Defense Lawyer in Brooksville, FL
A violation of probation, parole, or other conditional release can really affect the new life you are trying to build for yourself. If you believe you may have violated your probation or have been charged with a VOP in Spring Hill, Brooksville, Homosassa Springs, Wildwood, or anywhere else in Hernando, Citrus, or Sumter County, contact The Law Office of Ashley Aulls, P.A..
Ashley Aulls has over 20 years of criminal defense experience helping clients like you work towards brighter futures. Dedicated to educating you about your offense and the criminal process and to open communication, The Law Office of Ashley Aulls, P.A. makes the client as important as winning the case. For your initial case consultation concerning your VOP charge or possible probation or parole violation, call (352) 593-4115 today.
Information Center for Violation of Probation
- Probation and Community Control in Florida
- Possible Brooksville Probation Requirements
- VOP Hearings in Florida
- Penalties for Probation Violations in Hernando County
- Probation Violation Resources for Florida
The Florida Statutes, under section 948.001, define probation as a form of community supervision in which the alleged criminal offender is to comply with the conditions set down by the court and meet with their probation officer frequently. Most types of offenses are eligible for probation, except those that are capital felony offenses or otherwise prohibited by statute. A warrant for your arrest could be issued if you fail to follow any requirements set down by the probation officer or the court.
Section 948.001 of the Florida Statutes defines community control as a type of community supervision where it is required that the alleged criminal offender to be released and be supervised by a law enforcement officer as an alternative to jail or probation. Halfway houses, an individual’s home, or other type of residential facilities are just a few of the locations to which convicted offenders in Brooksville, Spring Hill, or the surrounding areas can be released.
The court can also require the individual to comply with certain conditions set down by community control, which are often similar to those required on probation. This type of supervision is available for alleged felony offenders who are not permitted to be released; which means the terms of community control are generally very strict for most cases.
Florida Statutes § 948.03 lists possible terms and conditions for probation in Hernando, Sumter, and Citrus Counties and elsewhere in the State of Florida. Requirements can include, but are not limited to:
- Fees to be paid
- Meeting with a probation officer (PO),
- PO may visit home or place of work,
- Legal dependents must be supported, including payments of child support,
- No violations of any other laws,
- Financial commitment of restitution for any damages coming from the offense,
- Individuals may not leave the county, city, state,
- Maintain a steady line of employment,
- Disengage from those who are involved in criminal activities,
- Avoid locations where alcohol is sold, including bars,
- Offender shall not carry a weapon or firearm,
- Drugs or prescriptions that are not medically prescribed are prohibited,
- Random drug testing and alcohol testing could be mandatory,
- Pay any debts owed to the state and,
- Complete any community service.
Probation guidelines are unique to the individual and based on the details of the case. These rules vary and are dependent on factors like the type of offense, whether they had any previous criminal history and what the court/judge deems fair to the circumstances. Violations of probation occur when the individual does not follow these conditions properly, and his or her Hernando County probation officer could turn them in based on that violation.
Individuals alleged to have violated the terms of the probation will be permitted a hearing in front of a judge to decide if any proof exists in the alleged evidence for violation of probation. Prosecutors are required to show the burden of proof that such a violation has more than likely occurred, or prima facie of the evidence. Prosecution can easily find burden of proof in these circumstances, because it is a very low standard that can be easy to meet.
Simply put, the facts of the violation in a VOP hearing have to outweigh the facts that a violation did not actually occur. If you have violated the terms of your probation in Hernando County or the surrounding areas in Florida, it is recommended that you consult with an experienced Brooksville defense lawyer to draw up the best strategy for your case and fight against the lower standard of prima facie, or face value.
A jury does not have to appear at the VOP hearing, because a jury has already heard your case from the first time you were put on probation. Individuals do have the ability to explain to the judge the reason for the violation or deny that there was a violation. The alleged offender can be forced to testify against himself or herself, and witnesses can also be called to testify against the individual.
There is no statute of limitations for the prosecution to follow for probation violations in Brooksville or the surrounding areas in Hernando County, so an individual can be prosecuted at any time. Bonds may not be available to the individual while waiting for his or her VOP hearing. Additionally, court-appointed lawyers are generally not allowed for alleged VOP offenders; persons should consider seeking out and hiring a knowledgeable criminal defense attorney.
If it has been determined that the individual did in fact break the terms of his or her probation, penalties and repercussions could be very severe. Some of the most common punishments can include:
- Additional time added to the time already served,
- Serve penalties can be added to the original charges,
- Individual can face the maximum penalty for the original underlying offense and/or,
- The underlying offense can be entered as a conviction, instead of dismissal of the case.
The judge overseeing your VOP could decide to modify the probation to make it simpler to comply with or reinstate the terms of the probation as it was. Several factors will make a judge’s decision challenging, so it is strongly encouraged to hire an experienced Homosassa Springs criminal defense lawyer to defend your alleged violation. When considering an attorney, it is best to hire one as soon as possible after your alleged VOP offense so that all prehearing intervention options can be explored.
FACC – Florida Association of Community Corrections – Established in 1992, the purpose of the FACC is to provide an organization for county probation programs to come together and identify, develop, and promote effective programs for criminal offenders in Florida. Additionally, it offers a high standard of training to increase personnel professionalism as well as public awareness.Professional Probation Services
328 W Jefferson Street
Brooksville, FL 34601
Florida Department of Corrections – It is the responsibility of this Florida law enforcement department to supervise offenders, enforce probation and parole terms, and assist convicted offenders who have been released from probation or parole in re-entering society.Tavares Circuit Office
28402 CR 561
Tavares, FL 32778
Chapter 948, Florida Statutes – Follow this link to Chapter 948 of the Florida Statutes, which governs probation and community control, to explore possible terms of probation and what penalties you could be facing for a probation violation.
The Law Office of Ashley Aulls, P.A. | Criminal Attorney for Hernando County VOPs
If you are facing a violation of probation or VOP in Brooksville, Spring Hill, Timber Pines, Brookridge, High Point, Hernando Beach, Inverness, Inverness Highlands, Beverly Hills, Hernando, Center Hill, Webster, experienced Brooksville criminal attorney Ashley Aulls may be able to help you. With 20 years of criminal defense experience and a dedication to educating and keeping open communication with his clients, Ashley Aulls will work with you to defend your new freedom. To schedule your consultation with The Law Office of Ashley Aulls, P.A., call (352) 593-4115 today.