There are two types of violations of probation, technical and substantive. A technical violation of probation is for not completing the terms of your probation (community service hours, drug testing, classes). A substantive violation of probation is when you commit a new crime. In this situation, the Judge may hold you in jail without bond. On both types of violations, the Judge will issue a warrant for your arrest for the violation of probation.
Q. What legal rights am I entitled to during my probation hearing?
When you have violated your probation, the Judge will set a hearing date for you to contest the violation. At this hearing, you have the right to call witnesses and put up a defense to the Judge about why you did not violate your probation. You do not have a right to a jury in this situation, the Judge will make the determination of weather you have violated your probation.
Q. What consequences am I facing regarding a first and/or subsequent violation?
If you have violated your probation, the Judge can sentence you to the maximum penalty of that offense. If you are charged with a first degree misdemeanor, the Judge can give you one year in jail. If it is a third degree felony, you could get five years in prison. The consequences of a violation of probation can be severe. It is best to contact an experienced Tampa criminal defense attorney like those at the Law Office at Ameen and Shafii to fight your violation of probation. We have handled thousands of violation of probation cases and know how to handle them effectively. Call today for your consultation at 813-436-HELP.
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