Probation Violation

If a defendant substantially and willfully violates the conditions of a probationary sentence, the court has the ability to revoke the probation. Florida Statutes Chapter 948 defines probation as a community supervision requiring an offender to maintain certain contacts with specified officers and to abide by certain terms as provided by court order. The purpose of probation is to rehabilitate the defendant.

The reasons for a violation of probation are a new law violated committed during the term of probation, failure to pay restitution and court costs, failure to complete court-ordered programs, missed appointments, absconding, missed appointments, positive test for controlled substance, and etc. The court can revoke the probate and impose the original sentence or reinstate probation, depending on the severity of the violation. The violation probation cases have a lower standard of proof, and the defendant can be compelled to testify. In addition, some hearsay is admissible if it’s not the sole basis for the violation.

Violation of probation cases carry less constitutional protections than regular criminal cases. In this instance, you need to seek advice of a criminal defense attorney as soon as possible. Contact Stewart Law Firm for your free consultation today.

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