Orlando VOP Defense Attorney
Types of Court Ordered Supervision in Florida
There are basically two types of court ordered supervision for adults in Florida. One is called “probation” and the other is commonly called “house arrest” or “community control” They are both court ordered alternatives to incarceration in the county jail or prison. Depending on the circumstances, supervision can be by an officer of a county run (or county funded) entity or by the Florida Department of Corrections if the charge began as a felony. If someone successfully completes the term of their supervision with no violations – which means that, while under supervision, they did not get caught doing anything that they were not allowed to do AND they also completed everything that they were supposed to do – then their case is complete and they normally never have to return to court. If, however, they fail to do either, a “violation” can occur and they will end up back in front of the judge and, potentially, be resentenced. Many times, they are then eligible to be sentenced to anything they could have originally gotten and sometimes more.
When you're placed on probation, the court can set a number of conditions with which you must comply. These include:
- Reporting to probation
- Visitation at home or work by probation officers
- Finding and keeping a steady, legal job
- Staying within a designated geographical area
- Not violating the criminal law
- Paying victim reparations, including restitution for medical bills, property damage, moneys unlawfully obtained
- Payment of court costs, fines, or other fees and/or judgments
- Supporting minor children
- Not associating with people who are committing crimes or non-law abiding individuals
- Submitting to testing for alcohol or illegal or non-prescribed drugs
If you are asked questions by your probation officer and give them information that demonstrates your non-compliance with all the conditions of your probation OR if the probation officer discovers or finds out information that they believe shows that you violated your probation, then you likely may end up with a violation of probation pending. They can arrest you without a warrant or send through a violation affidavit, seek a VOP warrant from the judge and you will have to go back to court for a hearing before the judge – most times the same judge who sentenced you. This is often worse than being sentenced originally, so you should have an experienced attorney defending you.
Violation of Probation Consequences
If you're found in violation of your probation, the judge can:
- Restore you to probation
- Modify the terms of your probation
- Change the type of supervision that you are under
- Revoke probation entirely and sentence you to jail or prison
Revocation of probation normally means that you will be adjudicated guilty of the original offense you were given probation for, if this was not done originally, and given the sentence the judge could have imposed originally or sometimes one more harsh.
How Can a VOP Attorney Help?
If you get a defense attorney for a violation of probation as soon as possible, often times they can speak with your probation officer or the prosecutor, either before or after you are arrested or both. If it is too late and you have already been arrested, then an attorney can normally get you a bond hearing where the judge would consider setting a bond. Unlike most new charges, in a violation scenario, the person is not legally entitled to a bond as they would likely have been originally, but an experienced defense attorney can often make the difference. Having representation during this violation of probation process is critical since an experienced attorney can make the difference and may be able to persuade the judge not issue a warrant or to allow you a bond so that you do not have to remain in jail with no bond pending your hearing.
Early Termination of Probation
If you have met all the terms of your probation, including payment of fines and completion of any special conditions (like community service, etc.), you may be eligible to terminate your probation early. Terminating probation early will eliminate all supervision and its conditions, like restrictions on travel and supervision costs. Almost anyone is eligible to request early termination of their probation.
Contact our Central Florida VOP Defense Lawyer
If you are placed on probation and you have violated your probation, or you believe you are eligible for an early termination of your probation, call criminal defense Attorney Jack Kaleita today for a free consultation! We are available at (866) 422-7934 or (407) 831-7800. You may also send us an email at email@example.com. Our law firm is committed to protecting your rights. We are conveniently located just off Interstate 4, in Longwood, minutes away from downtown Orlando, and easily accessible from every direction. We value your privacy and will keep all information confidential.