Violating Probation in Palm Beach County
Violating Probation in Palm Beach County, FL can result in the probationer being incarcerated. If a probationer violates Felony Probation, the term of incarceration is determined by the sentencing guideline score sheet. If the probationer violates misdemeanor probation or DUI probation, then the maximum sentence is fixed by one year in jail for1st Degree Misdemeanors and 60 days in jail for 2nd Degree Misdemeanors.
While on probation, the probationer must follow the rules of probation which the judge orally places on the record and which the probationer is responsible for knowing either through their probation officer or through self-knowledge of the law. The General conditions of felony probation as enumerated in Florida General Statute 948.03 are as follows:
(i) probationer is given a specific length of probation time
(ii) probationer is given strict reporting instructions to probation
(iii) probationer being visited at home and employment by the probation officer
(iv) probationer must seek employment
(v) probationer must reside in a specific place
(vi) probationer must not violate a new law
(vii) probationer must pay back restitution
(viii) probationer must pay court costs and fines
(ix) probationer must pay child support if at issue
(x) probationer must support his or her legal dependents
(xi) probationer must not associate with others involved in criminal activity
(xii) probationer must submit to random drug alcohol testing *DRUG OFFENSES
(xiii) probationer must not possess, carry or own firearms
(xiv) probationer must not uses alcohol to excess
(xv) probationer must not use illegal drugs or narcotics without a valid prescription
(xvi) probationer must submit to photographs for the Department of Corrections
The aforementioned conditions are considered “General” conditions of Felony probation; and are commonly used as conditions by the Misdemeanor Courts as well. General conditions of felony probation must be followed by all probationers, while on probation. If a probationer violates a “General” term of probation then the violation of probation is deemed a “Technical” violation of probation.
Technical violations of probation are violations of probation that do not include a “New Law” violation. Meaning, the probationer was not again arrested while on probation. Some technical violations are considered more egregious, by judges, then other violations. As one can imagine, if the probationer is sentenced for a financial crime like grand theft and the probationer stops paying restitution to the victim, the violation is considered more egregious then if the same probationer used alcohol to excess. The nexus between the violation of the condition of probation and crime committed is a key element of how the violation of probation case will result.
“Substantive” violations of probation occur when the probationer violates a new law, while on probation. Substantive violations of probation occur the moment the probationer is arrested for committing a new crime. Substantive violations of probation do not require a formal conviction of guilt for the “new crime” or offense, the arrest alone is in fact violative of probation. Substantive violations of probation are more egregious than technical violations of probation and are treated more harshly by Palm Beach County Circuit Felony Court Judges.
Many Palm Beach County Court Judges have standing orders, when a violation of probation occurs. In the Misdemeanor Divisions of the Palm Beach County court system, violations of DUI probation lead the list probation violations. Closely following the DUI probation violations in Palm Beach County are those violations committed while on Domestic Battery probation. If you believe you are in violation of probation you must seek legal help immediately.
An experienced Palm Beach Criminal Defense Lawyer can advise you as to what the judge’s standing rules and orders are as they pertain to violations of probation. Besides advising you on the judge’s probation orders, an experienced Palm Beach Criminal Attorney can also provide you with a “Road Map to Success.” The Road Map to Success may keep the probationer out of jail completely; or in the alternative, shorten his or her period of incarceration with a proactive approach of fixing the violations before the judge ever gets to hear the matter.
The same can be said for a violation of felony probation. An experienced criminal defense attorney has an arsenal of choices that he can use to help advise the probation violator to help reduce, minimize and many times avoid jail or prison time all together. Palm Beach County experienced criminal defense attorney Andrew D. Stine has learned over the last decade through experience, as to what certain judges will and will not do in regards to a violation of felony probation. If you believe you have violated your probation, contact Palm Beach County Criminal Lawyer Andrew D. Stine and let him put his “Road Map to Success” to work for you. For over a decade thousands of probation violators have sought out Andrew D Stine for help and so should you. Hire Stine or Do the Time.