Probation violators have no right to a trial by jury, a judge decides if a violation has occurred. The burden of proof required to prove guilt of a violation of probation or community control is a preponderance of evidence. This is a much lower burden than that of proof beyond a reasonable doubt found in criminal cases.
Defending a violation of probation requires immediate investigation and careful strategies to avoid incarceration and possible criminal conviction. If someone has a compelling reason for failing to comply with conditions of supervision it must be properly and timely presented to the court.
If you are in violation status or believe you will be soon, the best course of action is to have legal representation planned in advance of your arrest. Early intervention by a lawyermay result in the probation officer not filing a violation with the court.
Having a Board Certified Criminal Trial Specialist retained in advance of an arrest on a violation of probation or community control can be immensely helpful with issues related to bond, release and potential defenses. If an affidavit of violation has been issued and the person is arrested, Mr. Liebling will quickly pursue pretrial release of the accused and begin a thorough investigation of the case. Once a person is placed on probation or community control, they no longer have many of the constitutional protections that existed prior to supervision.
Florida Statute 948.06 Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.
(1)(a) Whenever within the period of probation or community control there are reasonable grounds to believe that a probationer or offender in community control has violated his or her probation or community control in a material respect, any law enforcement officer who is aware of the probationary or community control status of the probationer or offender in community control or any parole or probation supervisor may arrest or request any county or municipal law enforcement officer to arrest such probationer or offender without warrant wherever found and forthwith return him or her to the court granting such probation or community control.
(b) Any committing trial court judge may issue a warrant, upon the facts being made known to him or her by affidavit of one having knowledge of such facts, for the arrest of the probationer or offender, returnable forthwith before the court granting such probation or community control.
(c) Any parole or probation supervisor, any officer authorized to serve criminal process, or any peace officer of this state is authorized to serve and execute such warrant.
When it comes to violations of probation or community control, time is of the essence. If you believe an arrest is imminent, a good deal of preparation and planning is necessary in regards to employment, children, finances, etc. If you are on probation or community control and believe an arrest or affidavit of violation is imminent, don't delay.
Call now to speak with Mr. Liebling: (727) 725-3600
Board Certified Criminal Trial Specialist (Federal & State Courts)