Criminal Defense: Miami Probation Violation Lawyer
Arrested for violating your probation?
Each Miami criminal lawyer at Donet, McMillan, & Trontz, P.A. (DMT) has defended hundreds of probation violation cases with outstanding results. A probation violation is different in many ways from a new criminal case. If you are facing a probation violation, you have already entered a plea or have been found guilty by a judge or jury. The case for which you have been serving probation has already been closed. It is very difficult, yet possible, to have the judgment in your probation case set aside (have your case re-opened). You need to hire a Miami probation violation lawyer at DMT to defend your case.
It is much easier for a state or federal prosecutor to prove a probation violation, rather than convict an individual at trial. The downside to a probation violation is that an individual will most likely be held in custody without a bond, until the probation violation hearing is held by the judge. Another major downside to a violation of probation is that the case is heard by a judge; you cannot avail yourself of the jury system. The last downside to a probation violation is that the standard of proof is different. In a trial, the prosecutor has to prove an individual guilty beyond a reasonable doubt. In a probation violation hearing, the prosecution only has to prove the case by the preponderance of the evidence, a much lesser standard. There are two types of probation violations, substantive and technical. Each criminal attorney at Donet, McMillan, & Trontz, P.A. has defended both types of probation violations.
Substantive Probation Violation
A substantive probation violation exists when an individual is arrested for a new criminal offense. The prosecutor will call witnesses to testify against you, including your probation officer. Even if the charge for which a person is arrested is not filed or eventually dropped, the prosecutor can still proceed with the probation violation hearing. A substantive violation is more serious, as the prosecutor and judge do not look at repeat offenders favorably. However, the Miami criminal probation violation lawyer at Donet, McMillan, & Trontz, P.A. has been successful in receiving concurrent probation pleas for the client.
Techinal Probation Violation
A technical violation occurs by failing to meet court ordered obligations, issued by the court, as the terms of your probation. Examples of conditions that probationers fail to successfully complete include: moving without permission, failing to report to your probation officer, failing to pay restitution and failing to attend court ordered classes. A technical violation is less serious and the Miami criminal defense lawyers at DMT will be able to have you re-enrolled on probation, depending if you have any prior violations.
The penalties for a probation violation can be harsh. For example, if you were on probation for a second degree felony, you will be facing up to fifteen years in prison for violating your probation. In a nutshell, an individual will be facing the maximum penalty for the charge for which he or she was placed on probation.
Defending the Probation Violation
As in every case, there are several defenses to a violation of probation, for example, failure of witnesses to appear in court, identity and intent issues. Another defense to a probation violation is the eventual compliance with court ordered terms of probation.
To speak with a skilled criminal probation violation lawyer at Donet, McMillan, & Trontz, P.A., or if you have questions regarding your probation violation that need to be answered, please contact DMT
to schedule your free consultation. You can call our office at (305) 444-0030 or reach us by completing the form on our contact page or by sending an e-mail. We are available every day of the year, 24 hours a day.