Probation violations are actions that violate the terms of your probation or community control. This covers a variety of offenses, including restrictions on your behavior that are not crimes. They include failing to report, positive drug tests, being arrested and charged with a new offense -- no conviction is necessary and the crime may be a traffic crime. These can result in the revocation of your probation and possible time in prison.

When charged with a probation violation, it is very important to have a Miami probation violations criminal defense lawyer looking out for your best interests. Your rights are limited while you are on probation, and the standard of proof for a probation violation is lower than it would be when you are charged with an actual crime. In order to convict you, the court must find that you violated your probation by a preponderance of the evidence -- not beyond a reasonable doubt, as required in Florida criminal cases.

The penalties for a probation violation vary from person to person, because they are the sentencing guidelines from your original case. If you aren't sure anymore what those are, you should talk to a Fort Lauderdale probation violations criminal defense attorney. However, whether you went to trial or entered a plea of convenience or best interests, the original facts are not at issue. The only issue is how you violated your probation and what penalty will you receive for the violation.

David S. Seltzer is a South Florida probation violations criminal defense lawyer based in downtown Miami. Don’t delay; let an experienced former prosecutor help protect your good name and reputation. Call today or contact me online -- 24 hours a day and seven days a week -- for a FREE, CONFIDENTIAL CONSULTATION.

For more information, see Florida Statute 948.06: Violation of probation or community control.