Faced With Violating Your Probation or Parole Charges
probation allows the convicted individual to serve a period of time, usually longer than any prison sentence, free from imprisonment but with certain restrictions. Probation can be seen as a test granting conditional freedom instead of a harsher punishment.
In some cases, people use the term interchangeably. There are differences between to law terms.
Probation is a portion of the sentence or it is the sentence given by the judge. Most often, when a judge gave the person a probation, it could be a part of the number of imprisonment and then followed with a probation period. There are times that a number of probation years will serve as the punishment for a minor crime committed.
If a person is under probation, there are weekly or monthly sessions that he needs to attend to with a probation officer. Other conditions can also include curfew or in some cases are not allowed to drive. Should this person commit a crime, he would be put in jail again and or serve more years for the additional crime committed.
Parole on the other hand is being given by the parole board to a prisoner. There are times that judge would sentence these people with life-time imprisonment for the crimes committed. And if the inmate has been well behaved inside the prison, he could be given a parole after his case was reviewed by the parole board. This is a somewhat a reward for non-violent inmates to shorten up their years of imprisonment.
If a person is on parole, he also has conditions to meet. He needs to attend meetings with the parole officer and should inform the officer should he leave the country. If he violates these conditions or committed crime while on parole, he would be put to jail and serve the remaining years in prison as per the original sentence given.
The main difference for parole and probation is the person who grants it. A judge gives probation when reading the sentence while a parole board grants parole after observing that inmates has been non-violent inside the prison.
There are many ways in which a person can violate their probation, below are some of the most common examples:
- Failing to report a change of address or get approval to move from the probation officer
- Failing to follow the terms of current probation
- Committing another crime while still on probation
- Failing to pass or submit a urinalysis
- Failing to pass or submit a drug analysis
- Failing to pay for restitution
- Failing to report to the probation officer
- Alter or break electronic monitoring devices
A probation officer can notify the court if he or she feels a person violated their probation and they can issue a warrant for the person’s arrest. It is advised to report any violation of probation to the parole officer. Just because a person was not caught violating their probation does not mean that it cannot catch up to them.
It is very common for violations of probation not to be caught by the actual act but because of failing a polygraph test. In these situations the judge could have reviewed and charged the case differently if the person was not trying to hide the circumstance that caused them to be in violation and were upfront when it happened not after hiding it and failing a polygraph test.
Does A Violation Require New Charges?
Just because they violated their probation does not constitute automatic charges. The judge will evaluate the circumstances and take all factors into account. The judge will determine if the person made every effort to meet the terms of their release.
For a violation to count against a person it must be willful. For example if a person loses their job and cannot pay the restitution that month then they will not be charged in violation. If a person is pregnant, goes into labor and ends up in the hospital and therefore is not at home during the required hours they will take that into account.
As in many criminal cases, the #1 and critical thing to do is to hire a knowledgeable and competent criminal defense attorney to help defend your rights if you have been accused and are faced with charges because of violating your probation or parole. If your attorney can provide a compelling reason for why you violated your probation they may be able to have the charges reduced and jail time possibly dropped (source).
Florida Probation Violation Defense Lawyer
The law Office of Andrew D Stine is committed to representing those Probationers who have violated their Probation or are about to be violated by their Probation Officers.
First, the Probationer must understand they have due process rights. The Probationer must have notice of the condition for which the violation is alleged. Probationers must not be misled by rules that have ambiguous or subjective meanings, which their Probation Officers may attach to their probation order or requirements.
Second, the Probationer must have notice of the violation, and be properly charged with the violation. This means the warrant or affidavit of violation must be specific and all the terms must be clear. Moreover, a trial court cannot find a violation of a Probationer for a term not contained within their probation order or alleged within the warrant or affidavit.
In Florida the most common types of Probation Violations are substantive and technical. Substantive violations occur when the Probationer commits a new crime violation. Technical violations occur when the Probationer omits to complete a condition or willfully violates a condition of his probation.
Florida law allows a Probationer to receive the maximum penalty, which the Probationer faced when the original criminal charge was filed.
Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170. Se habla español.