Violation of Probation

Anytime an individual elects to plea guilty or no contest to a crime, the Judge imposes a sentence. Due in part to jail and prison overcrowding, lack of criminal history, or a Judge feeling incarceration is too harsh, a person will be given a probation sentence. Probation can be imposed for violent crimes, theft crimes, drug crimes, DUIs, motor vehicle offenses, or even sex crimes. Probation gives an individual an opportunity to carry on their life free from imprisonment in a law abiding fashion while agreeing to satisfy certain probationary terms ordered by the sentencing Judge and/or mandated by statute. These terms always include maintaining contact in some fashion with a probation officer, keeping the probation officer informed of the probationer’s residence and contact information, and not breaking the law.

If an individual technically violates their probation by failing a urine test, failing to check in with their probation officer, violating curfew, or not keeping their contact information current with their probation officer, amongst other reasons, their probation officer will “violate” them. Violations will also occur if a probationer breaks a criminal law and is either issued a notice to appear in a criminal court or is arrested on a new law violation. Regardless of the type of violation, the probationer will be charged with a probation violation. When a probation violation is charged generally an arrest warrant will be issued and that person will be arrested and held without bond until they are arraigned on the violation of probation charge in the County holding jurisdiction.

If your probation officer informs you that a violation of probation is being entered, you must contact a competent Tampa criminal lawyer immediately. Often our Tampa criminal lawyers have been able to avoid our clients being arrested on violation of probation charges by filing a motion for self surrender and request for a bond during the pendency of the violation of probation. The Mayberry Law Firm has an incredible record of avoiding our clients being incarcerated after resolving their violation of probation and have the experienced and legal ability to do the same for you.

Potential Penalty

Probation is basically a bite at the apple to complete a sentence without going to jail. When a probationer violates a term of their probation they avail the court of jurisdiction to resentence them based upon the new violation. Informally, a new law violation is more harshly sentenced than a technical violation though both expose a probationer to jail or prison time.

Anytime there is a violation allegation, should the probationer enter an admission to the violation or lose at the violation of probation hearing the Court has jurisdiction to enter a sentence up to the maximum penalty available for the crime the probationer is on probation for. In other words, if you are on probation for third degree felony Grand Theft, you could be sentenced to up to 5 years in prison, the maximum amount of prison time available for a third degree felony. Following this example, if your new law violation was for a first degree misdemeanor and you plea to that charge at the time of your violation admission, theoretically the Judge could enter a sentence making the time served on the two charges run consecutively.

Adjudication of Guilt

One of the worst penalties involved in a violation of probation is the notion that a Judge can adjudicate you guilty whereas prior to the violation of probation you were not formally convicted of the crime. This often gets lost in the fear of going to prison or county jail for a significant time period but in many ways is the most serious concern. An adjudication of guilt prevents any seal or expungement possibilities, will affect future job prospects, strips you of certain rights, and is a formal conviction on your record.

Tampa Violation of Probation Attorney

Tampa criminal lawyer Jason Mayberry has an incredible success rate with respect to violations of probation. Regardless of the jurisdiction of your violation of probation the Tampa probation lawyers in our firm are available to help you with your case around the clock. We know the temperament of the local prosecutors in addition to the best way to approach your case considering other factors. Give us a call at 813-444-7435.