VIOLATION OF PROBATION VIOLATION OF PROBATION
A violation of probation can expose a person to jail, prison, added conditions, or revocation. VOP cases are different from ordinary criminal cases because the burden of proof and available rights are different.
The firm handles alleged technical violations, new law violations, failure to report, failure to complete conditions, positive drug tests, nonpayment issues, and warrants related to probation.
DEFENSE APPROACH DEFENSE APPROACH
The response depends on the alleged violation, the probation history, available mitigation, treatment records, compliance efforts, and the sentencing exposure if probation is revoked.
AREAS SERVED AREAS SERVED
Violation of probation representation is available in Collier County, Lee County, Hendry County, and Miami-Dade County.
GETTING OUT OF JAIL AFTER AN ARREST GETTING OUT OF JAIL AFTER AN ARREST
In many cases, a person can get out of jail while the case is pending. After an arrest, a judge usually reviews the case and decides whether release is allowed and what conditions apply.
The court may consider the charge, prior record, employment, family ties, ties to the community, and whether the person is likely to return to court.
WHAT IS BOND? WHAT IS BOND?
Bond is money or security meant to help make sure a person returns to court. Bond may be paid through a bondsman, posted in cash, or replaced in some cases by other release conditions.
The first bond amount is not always the final word. A judge may later review the bond and the conditions of release.
CONDITIONS OF RELEASE CONDITIONS OF RELEASE
A judge may place restrictions on release from jail. These conditions can include no-contact orders, travel restrictions, drug testing, supervision, or regular reporting requirements.
Violating release conditions can create new problems and may result in a return to custody.
DO POLICE HAVE TO READ MIRANDA RIGHTS? DO POLICE HAVE TO READ MIRANDA RIGHTS?
No. Police do not have to read Miranda rights every time they stop someone or every time they make an arrest. Miranda usually applies when a person is in custody and police are questioning the person about a crime.
A person can make damaging statements before Miranda warnings are ever read. Do not assume that a statement is safe just because rights were not read first.
SHOULD I EXPLAIN MY SIDE TO POLICE? SHOULD I EXPLAIN MY SIDE TO POLICE?
Many people believe that if they are innocent, they can simply explain what happened and clear things up. In reality, that is often a mistake.
Police officers collect evidence for criminal prosecutions. If you make statements that help the prosecution, those statements can and will be used against you. They will not be used to help you.
If you tell an officer an alibi or explanation, your defense lawyer may not be able to use your own out-of-court statement later to prove you were innocent. But the prosecutor may use the statement to challenge you if any detail appears wrong or changes later.
Be polite and clear. Say: I am exercising my right to remain silent. Say: I want a lawyer. Then stop talking.