Have you been charged with violating your probation? If so, a warrant for your arrest will be issued, and you will maybe held without bond until your VOP hearing takes place. Unlike being charged with a new misdemeanor or felony offense, probationers have less legal protection. For example:No statute of limitations;No automatic right to a bond while awaiting a probation violation hearing;No right to jury trial;You can be forced to testify against yourself; andThe violation does not have to be proven beyond a reasonable doubt.When placed on probation, the probationer is advised of the terms of probation, and is supervised by a probation officer who ensures compliance. There are two general ways to violate the terms of your probation and they are Technical Violations and/or Substantive Violations.Some examples of Technical violations are:Changing your address without permission;Failure to pay court costs, fines or cost of supervision;Failing to attend probation meetings;Leaving the county or state without permission; or· Failing to complete or attend court-ordered classes.Substantive violations consist of a new criminal offense being committed.If a judge revokes probation, under Florida law the judge can impose the maximum penalty for the charge for which you were placed on probation.If arrested for a violation of probation (VOP) there is no automatic right to have a bond set. Some of the factors a judge will consider are:1. What was the person on probation for?2. Has the person violated probation before?3. What is the nature of the violation?4. Economic considerations such as does the probationer of the job?At Byrd & Gonzalez we can:· We can appear in court and request bond to be set;· We can ask the court to withdraw or modify the warrant for your arrest;· We can attend the hearing, argue the merits of the violation, and/or help you get your probation reinstated.
