Are you being charged, in Palm Beach County, Florida with Violation of Probation? Need a violation of probation defense attorney or VOP defense lawyer in West Palm Beach, Boca Raton, Jupiter, Palm Beach Gardens or Boynton Beach? We are probation defense attorneys located in West Palm Beach. When you are arrested for violating your probation, it is important to hire a Criminal lawyer that understands and practices in the area of probation violations. We can defend both your new law violations and any technical violation of probation. Don’t hire a lawyer that dabbles in criminal defense; hire a West Palm Beach criminal defense lawyer that has extensive experience in defending probation charges. Your probation attorney or probation lawyer needs to have knowledge and experience in all aspects of probation violations but also needs to know the prosecutors, judges and court staff. Knowing the players comes from years of being inside the courtroom. Finding the best probation attorney in Palm Beach County, for your case, is difficult. You need to review their educational background, experience in criminal cases, their reputation in the community, and their ability to communicate with you, the client. The quality of the criminal defense attorney you hire to defend your violations of probation case is extremely important. The standard of proof on a violation of probation is reduced and you need someone that can handle themselves in the courtroom. We ask that you consider our South Florida Probation Defense Lawyers. Attorney Roger P. Foley has offices in Broward County, and Palm Beach County, Fort Lauderdale, and in West Palm Beach respectively. Mr. Foley has defended hundreds of individuals charged with violations of probation. Hire an experience VOP lawyer.
Palm Beach Gardens probation defense lawyers, Royal Palm Beach violation of probation defense attorneys, Delray violation of probation defense attorneys are available now to defend your case. We have defended individuals charged with technical violations of probation in Lake Worth, Riviera Beach, North Palm Beach, Wellington and Juno Beach. Any substantive or new law violation of probation must be handled with care.
Whether you committed a crime, had a bad attorney, or pled guilty based on your financial situation or some other reasoning, the fact is that you pled guilty or no contest to a crime in Palm Beach, Florida. Now weeks, months or years later, you are accused of violating the conditions of probation and need legal assistance.
The first thing that you should know is that regardless of the reason you are on probation you cannot litigate the original case that placed you on probation; the time to litigate that case has come and gone. The only thing you can litigate in regards to the violation of probation is whether or not you violated the conditions of probation as set out by the court and the Department of Corrections.Have you violated your probation (VOP)?
When you are placed on probation in Palm Beach County, you must adhere to strict guidelines or terms for a set amount of time after being adjudicated of a criminal offense. Whether the court withheld adjudication or adjudicated you guilty, you were placed on probation. Accordingly, there are rules that you must adhere to. Failure to adhere to those rules will result in an alleged violation. If these conditions are violated, you can face the maximum penalties for the crime for which the probation was set. Conditions for probation may include but are not limited to the following:
- Reporting to your assigned probation officer as scheduled;
- Appearing in court when scheduled;
- Attending court-ordered counseling or drug/alcohol abuse classes;
- Not associating with known criminals or organizations;
- No new arrests for a new criminal offense;
- Mandatory drug testing;
- Sexual offender registration;
- ***And any and all requests made by your probation officer.
The terms of probation vary depending on the crime and the type of probation that is ordered. For example, community control is assigned as a term of probation, where you are required to remain in your home (house arrest) and report to your community control officer as you would a probation officer. Leaving your residence will be a violation of probation in Palm Beach and will subject you to possible imprisonment.
Other types of probation include: administrative (mail-in) probation for less serious offenses, sex offender probation and drug offender probation.
Probation is generally divided into two types: Felony Probation and Misdemeanor Probation. Felony probation is for more serious crimes, as opposed to Misdemeanor crimes that have a maximum penalty of up to 365 days in county jail.
If you are caught violating your probation, the court will determine if it was a substantive violation, meaning that you have been arrested for another crime, or a technical violation, such as a positive drug test, a failure to report to your probation officer, or a failure to pay the probationary fees.
If you have violated either your probation or community control guidelines, you could be subject to immediate arrest by a law enforcement officer once a warrant has been issued. If you have been charged, immediately contact a Palm Beach County Criminal Defense Attorney who can help you avoid jail and other serious consequences.
When a warrant has been issued following a probation violation, you will still have an opportunity to fight the charges. If a prosecutor proves that you committed a willful violation of your probation or community control, you could be subject to the sentence for the original charge for which you were placed on probation. This could potentially lead to years in prison if the matter is not handled properly.
Once a warrant is signed for your arrest, you are required to surrender yourself to the jail. Mr. Foley will file a motion for in-court surrender on your violation of probation. This motion is a request to the judge for a court date without first surrendering you to the jail. Granting of this motion is at the discretion of the judge, however, if granted, it will not be necessary for you to surrender to the jail prior to the court date. This is particularly important when it normally takes days or weeks to get a court date on a VOP in Palm Beach County. The Palm Beach Law Firm of Roger P. Foley will make every effort to prevent clients from spending time incarcerated.
A court hearing will be held following an arrest or probation violation. The experienced criminal defense lawyers from The Law Offices of Roger P. Foley can aggressively defend you at this hearing and will take the necessary steps to attempt to have your probation or community control terms reinstated. The firm offers a free initial consultation; call today to discuss your case!
For the Florida Statute chapter regarding probation violations, see §948, Fla. Stat. (2009).
Contact a Palm Beach County Probation Violation Attorney at The Law Offices of Roger P. Foley if you have been charged with probation or community control violations in the Boca Raton, West Palm Beach and Boynton Beach areas.