In the State of Florida, probation violations make up some of the most common reasons for arrest. This is because law enforcement officers do not have to have a warrant in order to make an arrest for probation violations. When someone is sentenced to probation, they can be arrested at any time for a violation of the terms of their probation. Fortunately, an experienced Pensacola criminal defense attorney can help defendants through the court process.
A person may be sentenced to probation for a number of reasons. Most of the time, probation is offered as an alternative to more severe penalties and sentences when a defendant has no prior arrest record. The length of a probation sentence varies according to the type of crime that the defendant is being charged with. However, Florida probation violations carry with them steep penalties, and can result in additional jail time, as well as a rather lengthy prison term. This is why having a good Florida criminal defense attorney is so important.
Florida Probation Violation Processes
The process for dealing with probation violations in the state of Florida is about the same in all counties. Probation violations may also be referred to as community control violations. Community control is sometimes ordered for those charged with family or domestic violence offenses. An officer does not need a warrant to make an arrest when a person on probation is suspected of violating the terms of their probation order.
The court that handled the case pertaining to the original offense has jurisdiction in probation violation cases. After the arrest, the defendant will be returned to the county or city jail where the jurisdictional court resides. Every person accused of violating probation in the state of Florida has the right to a hearing. During this hearing, both the defendant and the state have the right to present evidence pertaining to the probation violations. It is always beneficial to have an experienced Florida criminal defense attorney present the facts for you.
At the end of the hearing, the presiding judge can do one of three things: revoke the probation sentence, change the terms of probation, or continue the order of probation as is. If probation is revoked, this results in an automatic finding of guilt for the original offense. When this is the case, the court may enter the original sentence or alter the terms of sentencing. This can mean a substantial amount of time behind bars, depending on the nature of the crime.
A Florida criminal defense attorney can stand up for the rights of those accused of probation violations. Time is of the essence in these types of cases, so it is important to contact a criminal defense lawyer as soon as possible. In Pensacola and the surrounding areas, call T. Andrew Marks. He can discuss your case with you over the phone or schedule a free consultation. T. Andrew Marks is a Florida criminal defense attorney that handles cases in Escambia County, Santa Rosa County, Okaloosa County, Pensacola, Pensacola Beach, Gulf Breeze, Milton, and Navarre, Florida.