Violations of Probation
Many times people go into court on any criminal charge and are satisfied that the Court only decided to impose probation. However, it is only after they are placed on probation, do they realize that it can be seen as a trap that is difficult to escape from. Judges and prosecutors have no tolerance for excuses even if they are legitimate. So it is important to fulfill the terms of your probation. If you did not take your probation terms seriously or if the probation officers have set those traps for you, and you violated your probation, defense attorney Craig Epifanio can help minimize the damage. He can speak for you when others won't listen. For a free consultation, call (727) 528-1859 or e-mail our firm. In addition to Florida residents who have violated their probation, we also represent out-of-state clients and tourists who were convicted in Florida.Reasons Probation Officers Violate People on Probation
There are many reasons people violate their probation. Below is a short list of common reasons that probation officers can violate you but there can be many more reasons depending on the final judgment when sentenced.
- Failure to inform probation officer of new job or loss of employment
- Use of liquor or drugs
- Prohibited use of a computer
- Ownership of a firearm
- Unsupervised contact with children, ex-spouse, girlfriend, or boyfriend
- Associating with known felons
- Arrest for any crime including DUI, drug possession or misdemeanor offenses
- Failing a mandatory drug test
- Failing to go court ordered treatment
- Failure to notify probation officer of new address after moving
- Tampering with an electronic monitoring device
Since probation has allowed you to avoid incarceration or other more harsh punishment, a violation will most certainly result in an increased consequence. If you violate the terms of your probation, you usually have no right to bond and will sit in jail.
The state does not have to prove your probation violation beyond a reasonable doubt, unlike the original charge, but only by a preponderance of the evidence. Since this standard of proof is much easier to meet, it is often better to negotiate with the prosecutor than to proceed to court. Defense lawyer Craig Epifanio has an excellent rapport with parole and probation officers and prosecutors. Our goal is to get people out of custody, if that is an option, as soon as possible. Since bond is not usually allowed, we do not let our clients languish in jail and will move quickly in defense of probation violators to control the effects.
Craig Epifanio understands how to work with probation officers in explaining his clients' failure to avoid or report a violation due to circumstances beyond their control. Depending on the circumstances involved, it may be possible to convince the court to dismiss the charges against you in exchange for increased supervision and reporting oversight. Rehab or drug counseling is an alternative that judges sometimes prefer over jail or prison. Community control or "house arrest," which often includes electronic monitoring, may also be an alternative sentence to jail or prison. Don't wait until your probation officer contacts you or a warrant is issued for your arrest contact Craig Epifanio today to discuss the legal options available to you. We understand the seriousness of your situation when you violate probation, and can offer invaluable assistance.