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Violation of Probation

Posted September 9, 2010Information

I wanted to take the time to address a violation of probation (VOP), as I receive plenty of phone calls concerning VOPs from probationers and their families throughout Seminole, Orange, and Volusia Counties.  First, the fundamentals.  Probation is a condition where a person is free from custody, but is closely supervised by the state and the probation officer to make sure he/she is not violating any laws.  A probationer must meet regularly with a probation officer to report on his or her life's details and must maintain such things as a residence and a job. Probation can result from a criminal conviction, but it can also be imposed on a convicted defendant upon his or her release from prison for a period of time.

Generally, probation can be violated in two ways.  The first are referred to as “new law” violations where an individual commits a brand new crime, whereby violating their probation.  The second type of violation is referred to as “technical violations”.  Technical violations arise in situations such as when a person tests “dirty” on a urinalysis, fails to meet with a probation officer, or fails to make restitution payments.

Consequences of a violation of probation are drastic, and include the ability for the court to sentence the probationer to the maximum statutory guidelines of the original offense.  Additionally, those who are accused of violating probation may have difficulty having a judge allow bond, meaning they must stay in jail.  For the above mentioned reasons, it is vital that an individual accused of a VOP contact me.

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