Probation Lawyer in St. Petersburg, Florida | Miksis Law
Trust a St. Pete Probation Lawyer to Keep You Free
Stay out of jail with the help of a qualified probation lawyer in St. Petersburg with Miksis Law PLLC.
Understanding Probation
Probation is a court-imposed criminal sentence that releases a person back into the community instead of imprisonment. However, that freedom comes with certain stipulations, conditions, and supervision, often enforced by a probation officer. The specifics of probation differ on a case-by-case basis but often include requirements such as regular check-ins with a probation officer, mandatory employment, no further criminal activity, and drug testing.
One thing to remember is that probation is not a right; it is a privilege and should be treated as such. Some take advantage of probation and go right back to the things that got them into trouble in the first place. Judges have the right to put someone in jail who pleads guilty or is found guilty, regardless of their previous criminal history. If the judge decides to put you on probation, they can easily throw you back in jail as soon as your violation is discovered.
Common Types of Probation Violations
Probation violations occur when a person fails to comply with the set conditions of their probation. There are numerous ways a person can violate their probation, but some common examples include:
- Failing drug or alcohol tests
- Missing appointments with a probation officer
- Not paying required fines
- Getting arrested for another offense
The repercussions of such violations can be severe, potentially including revocation of probation and the imposition of the original, and possibly additional, jail sentence.
As soon as it is discovered that you violated the conditions of your probation, an arrest warrant can be issued if your probation officer isn’t there to arrest you. Many people will try to flee and evade capture if they know they have violated their probation. It is highly recommended that you hire a probation attorney to help you navigate the proceedings and try to either stay out of jail or reduce any imposed sentences.
How a Probation Lawyer Can Help
Hiring a probation lawyer in St. Petersburg, FL, can significantly improve your chances of a favorable outcome in the face of a probation violation. These legal professionals understand the complexities of the justice system and are skilled at presenting strong defenses. They can challenge the allegations against you, negotiate for lesser penalties, or advocate for alternative solutions such as rehabilitation programs. Their primary objective is to protect your rights, freedom, and future.
Without a probation attorney, you could face steep penalties for a probation violation. You may end up back in jail, prison, or be stuck with even stricter probation conditions should a judge decide to keep you on probation.
Florida Probation Violation Proceedings
Your assigned probation officer will file an “Affidavit of Violation” in the Pinellas County Court to initiate probation violation proceedings. From there, the probationer will receive a notice of the violation proceedings so that they can defend against any allegations. Failure of the probation officer to give formal notice of a potential violation to the probationer violates the Fifth Amendment of the Constitution and the Florida State Constitution. The probationer also has the right to have a probation lawyer with them during probation violation proceedings.
There are then two outcomes:
- The probationer receives a summons to appear in Pinellas County court at a specific date and time for an arraignment
- The court could issue an arrest warrant for the probationer
If an arrest warrant is issued, no bond will be granted when arrested. The probationer remains in custody throughout the duration of the probation violation proceedings without the possibility of being bonded out.
At the arraignment, the court will lay out the allegations against the probationer and provide any evidence or documentation supporting the claim. The court will also schedule a final probation hearing date.
This final hearing is where the state prosecutor must prove the allegations that the defendant violated the conditions of their parole. A significant item to consider is that the standard of proof for a probation violation is much lower than the standard of proof required for the conviction of a crime. This is because the defendant has already been convicted of a crime. The only thing the state needs to do is confirm they violated the conditions of their probation.
Standard of Proof and How a Probation Lawyer Can Help
Hiring an experienced St. Petersburg probation lawyer is highly recommended to help your case. While the standard of proof is lower for the state, there are certain conditions that can help your case and keep you from violating it. For example, perhaps you were in a room with narcotics present, but there is no proof of possession or use. Another example could be that you were supposed to be back in the state of Florida by a certain date but missed it because of a transportation issue.
An attorney can help identify reasonable efforts to comply with the terms of your probation in order to present your case that it was not a willful violation. These attorneys know what to look for and can find evidence supporting your claim.
