Accused of Violating Your Probation?

Understanding the Grounds for Violation

Probation, a community supervision program ordered in some crimes, requires specific contacts with parole and probation officers as well as compliance with various other terms and conditions. When probation is not complied with, even though the noncompliance may not be criminal in nature, a probation violation exists. If you fear that your probation officer is going to accuse you of one or more violations, you need to consult with a Miami criminal defense lawyer from Seltzer Law, PA at your earliest opportunity.

With a former Miami-Dade State Attorney's Office prosecutor as our lead criminal defense lawyer representing years of prosecutorial experience and our clear record of success as Florida criminal defense attorneys, we defend those accused of crimes or of probation violations using our background and expertise on both sides of the courtroom. We have an Avvo Rating of Excellent and are proud of our lead attorney's 2010 Rising Star℠ recognition in Super Lawyers® magazine; and as we have with all of our clients, we pledge to work hard to defend your rights. We invite you to schedule your free consultation and take advantage of our 24/7 availability if you have questions, we have answers!

Types of Probation in Miami, FL

Types of probation vary, depending on the criminal conviction; they include administrative probation, community control, drug offender probation and sex offender probation. Violations such as failing to report, testing positive on drug tests and simply being arrested for a new crime, for example burglary or DUI or other traffic offenses, are common. Your rights are limited while on probation and the standard of proof for violations is lower than if you were charged with a new crime. In order to convict, the court must prove by a preponderance of evidence, not beyond a reasonable doubt, that you violated the terms of your probation. The results can be severe, including the revocation of your probation and possible incarceration in jail or prison.

Specific penalties for a probation violation vary from person to person and although they are linked to the sentencing guidelines from your original case, you must remember that the facts of that case are not at issue; the only issue is how you violated your probation and what penalty you will receive for the violation. If you aren't sure anymore what your original sentencing guidelines were, please talk to a knowledgeable criminal defense attorney from our firm.

Having the right representation in your probation violations case is crucial. We have built a solid relationship with the South Florida prosecutors as well as various probation officers and understand just how the prosecution will treat your probation violation. Rest assured that our attorneys will negotiate in an aggressive manner with the prosecutors working on your case so that you receive the best possible outcome. Contact a criminal lawyer in Miami for more information about the terms of your probation and how you can challenge allegations of a violation.