Violations of Probation

If you are serving a sentence which involves probation or community control there are strict conditions that you must abide by in order to successfully complete supervision. Violations of these conditions can result in long prison sentences. A judge, not a jury, decides if a violation has occurred. The difference between the jury deciding and a judge deciding is the following: A jury trial is when the government must prove guilt beyond a reasonable doubt. An evidentiary hearing for a violation of probation is a lower standard of proof and the judge determines whether a willful and substantial violation has occurred.

Possibility of Jail

You can be in held in jail without bond before a judge makes a legal determination as to whether or not a willful and substantial violation has occurred. Many times, an individual has a compelling reason for why they could not comply with the strict terms of supervision. Through client interaction and immediate investigation, The Fletcher Law Practice can help explain your side of the story.

Violation Reports

On most violation reports, your probation officer will make a sentencing recommendation to the judge. The recommendation can range from terminating supervision without any further consequence to reinstating supervision with the same conditions, enhancing supervision with stricter conditions, a jail sentence, or even a lengthy prison sentence. Having The Fletcher Law Practice on your side is a must. If you contact us before the probation officer files the report with the court, our firm can try to mitigate the reasons why you deserve a favorable recommendation.

Florida Guidelines

The Florida Sentencing Guidelines will also play a role in determining the sentence for a violation. There are certain mitigating circumstances which can achieve a lesser sentence than what the guidelines call for. Attorney Rick Fletcher has represented hundreds of clients in situations where the sentencing guidelines called for prison, however, he was able to achieve a “downward departure” for his clients by successfully arguing the mitigating circumstances as set forth in the Florida Statutes. The Fletcher Law Practice provides quality representation for individuals in the Tampa Bay area and surrounding counties who are facing a violation of probation or a violation of community control. Call today for a free consultation to see how we can help.

Request A Free Consultation

Do you need a personal injury lawyer? Do you need a criminal defense lawyer? If you live in the Tampa Bay area and find yourself in need of personal injury or criminal defense lawyer, we are available to talk about your legal issues.

The Fletcher Law Practice, PLLC

  • 1300 Dr M.L.K. Jr St N, St. Petersburg, FL 33705
  • 111 2nd Ave NE, Ste. 213, St. Petersburg, FL 33701
  • 13575 58th St. N., Clearwater, FL 33760 (For Appointments)

Phone
(727) 369-9850

Email
Rick@accidentarrest.com

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