Probation is a type of punishment that the court imposes on a defendant in lieu of incarceration and other penalties. The goal of probation is to ensure that the person who has been convicted remains on good behavior and is not breaking the law. Usually, probation is imposed if the court believes that the person is not likely to commit further crimes and the law does not require imprisonment or other penalties.
Once placed on probation, a person is required to be under close supervision by the probation officer and the state of Florida. In Florida, standard requirements for probation include meeting regularly with a probation officer, staying employed, remaining within a specified area, observing the law, making reparation or restitution for any damage or loss caused to another party, supporting any legal dependents, and agreeing to random drug and alcohol tests when requested.
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Violating probation results in severe consequences for the offender. The most common violations are when the probationer fails to report to the probation officer, or commits a crime while on probation. If probation is violated, the probation officer has the right to arrest the offender without a warrant. Often, the original sentence will be reinstated and the person will have to serve prison time.
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However, some requirements of the due process still apply even if the probation violation proceeding is not a new criminal prosecution. The probationer receives notice of the alleged violations and a two-stage hearing with a neutral magistrate that decides whether the violations truly occurred. The probationer can get legal help from a Fort Lauderdale criminal defense lawyer, as the law allows probationers to be heard, to produce witnesses and present evidence, and cross-examine the witnesses testifying against them. An attorney can obtain a favorable result for a probationer: keeping them on probation without an extension, no adverse probation conditions’ modification, or no incarceration.
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If you need legal assistance for violation of probation in Florida, contact the attorneys at Anidjar & Levine as soon as possible. Violating probation comes with severe consequences such as imprisonment and has a serious impact on your life. It is crucial to have a knowledgeable attorney on your side who can assess your situation fairly and help you achieve the best outcome possible. The attorneys at Anidjar & Levine have years of experience defending clients throughout the state of Florida and have built a reputation for aggressive, high quality representation.
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If you are facing liability for violation of probation, call Anidjar & Levine P.A. at 800-747-3733 or fill out and submit our online “Contact Us” form to schedule a free initial consultation with an experienced South Florida criminal defense attorney. We are committed to providing honest, compassionate and effective representation for our clients.
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