Violating Probation in Palm Beach County
Probation is a sentence ordered by a judge that allows a convicted person to live in society under the supervision of a probation officer, instead of serving time in jail. Probation is different from parole. Parole is the conditional release of a prison inmate after serving part or all of his or her sentence.
Violating probation is a serious charge with many repercussions. Your probation may be revoked. This is an action taken against a probationer who fails to comply with the terms of the probationary grant. A Palm Beach County prosecutor can use a probation violation against someone who has been charged with a new crime. When a formal probation revocation is filed in conjunction with a new case, a prosecutor has a tremendous advantage to force a plea bargain in favor of the state’s terms.
When a probation officer decides to revoke or violate a probation and the person is not in custody, a letter is sent requesting a court hearing. Then a judge will make a final decision regarding the probation status and may revoke the probation and incarcerate the person pending a formal hearing.
Reasons For Probation Revocation
- Committing a New Crime.
- A direct violation of one of the conditions of probation, including failure to pay a fine, failure to attend counseling, or failing to follow a restraining order.
- Associating with Known Criminals.
- The probation officer determines that the probationer is no longer fit to stay at large and is incapable of leading a law abiding life, or is not deemed safe to remain within society in general.
- Willful Failure to Pay court Ordered Restitution Despite an Obvious Ability to Pay.
If you received a notice of an impending probation violation, you need to see a lawyer who knows the intricacies and procedures of probation revocation hearings. Contact a Palm Beach attorney who has experience with probation violation cases and has success reinstating probation and keeping clients out of jail.