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Violation of Probation

Melbourne Probation Violation Attorney – Violation of Probation Lawyer in Melbourne, Florida

Probation and community control violation charges are serious matters. If you have been charged with violating the terms of your probation or community control, you need an experienced Melbourne criminal defense attorney to protect and defend your legal rights. Contact The Canina Law Firm today for your FREE Case Evaluation.

What is Probation?

Probation is viewed as an alternative to incarceration. Probation affords the offender a chance to stay out of prison or jail and gives the judicial system a way to monitor and restrain law-violators outside of the penal system. Most often, probation involves meeting with a probation officer, taking drug tests, performing community service, attending rehabilitation classes, and paying fees relating to the cost of supervision. Failure to live up to any term of your probation may be grounds for a charge of violation. It’s important to realize that any willful, material violation of a probationary sentence can subject you to being re-sentenced for the original crime. You could face up to the maximum sentence for that crime.

Probation Violations in Melbourne, Florida

There are two types of probation violations: technical violations and substantive violations. A technical violation of probation is when an individual violates any one of the special conditions of their probation sentence. Common technical violations include: changing address without permission, failing to pay court costs or fines, failing to appear for a probation meeting, being late to a probation meeting, and failing to complete court-ordered classes.

A substantive, or “new law” violation, occurs when you are charged with a new crime while out on probation. If convicted of the new crime, not only will you face sentencing for the new crime, but also sentencing for the offense in which you were originally awarded probation. Also, even if you are found "not guilty" of the new crime, the court still has the discretion to revoke your probation.

Defending Against Probation Violations

Probation violation cases are unique in that the offender has no right to a jury trial on the facts of the alleged violation. Also, the state must only prove the case against you by a “preponderance of the evidence", which is much easier to satisfy than the traditional “reasonable doubt” standard. That’s why it’s important to retain a skilled Melbourne criminal defense attorney who can challenge the prosecution’s case against you. During your FREE initial Case Evaluation, our Attorneys will examine the facts of your case, determine whether any valid defenses exist, and prepare you for what lies ahead.

Contact The Canina Law Firm today for a FREE Case Evaluation.

Brevard County Florida Criminal Defense Attorney

The Canina Law Firm proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

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