Probation Violation in Florida

One of the most challenging and hardest charges to deal in Florida is violation of probation (VOP) or violation of community control. When an individual pleads to a criminal charge and is put on a period of probation or community control, a Florida judge orders that individual to meet all the requirements and comply with various conditions.

If one of these requirements or conditions is not met, then that individual has violated and can face up to the maximum jail time for which he or she is on probation. For example, if an individual is placed on probation for a third degree felony and has failed to meet the conditions of the probation, a subsequent violation charge can result in five years jail term in Florida State Prison.

Violation of probation charges are difficult to handle for several reasons. First, the conditions and requirements set by the court are usually numerous and most of the time difficult to comply with. For instance, the court may impose unreasonable time limits to complete different conditions like community service, which makes the completion of the service unlikely.

Anything can also be used against the individual to violate the probation or community control. If that individual fails to meet one of the conditions or he or she gets arrested for another charge, this will be used as a bass to violate the probation. Probation violation is treated differently as a new charge.

Florida court does not need to find an individual guilty beyond reasonable doubt. The standard is that at a violation of probation is the act that shocks the conscious of the court. Because of this change in the standard, an individual can have a full defense to a new charge or arrest. In addition to that, those charges can be dismissed but the violation may still be prosecuted.

Violation of probation charges are difficult to deal with because the judge is the trier of fact in such cases. There is no jury to hear the facts and decide on the case. On this note, when an individual faces probation violation charges, then he or she should seek an experienced defense lawyer who has a high degree of legal skill and knowledge. Hiring an experienced criminal defense lawyer is very important because only such a lawyer knows how to attack the charge and how to deal with the intricacies of the case.