Serving in St Johns County, Duval County and throughout Florida
If you have been charged with violating your probation, you need an aggressive criminal defense attorney in your corner right away.
Violations of probation can be just as serious as the criminal conviction that resulted in your probation in the first place. If the prosecutor proves you violated your probation, the judge can order you to serve the sentence you originally avoided by being place on probation or community control.
Even worse, the judge may order you to remain in jail without bond until your probation violation is settled. This can jeopardize your job, your relationships, and your ability to care for your children.
Whether you have been charged with a new criminal offense while serving probation, or you failed to comply with one or more of the conditions of your probation, it has never been more important to work with an experienced criminal defense lawyer.
Challenging a Probation Violation
In a probation violation case, the prosecutor must only prove you violated the conditions of your probation by a preponderance of the evidence. This is a much lower legal standard than beyond a reasonable doubt, which is required for criminal convictions.
With a much lower burden of proof, it is significantly easier for a prosecutor to prove you violated your probation. Furthermore, it is the judge – not a jury – who determines whether you violated the conditions of your probation. As you might expect, judges are more inclined to side with the prosecutor and your probation officer. This is why it’s critical to work with a defense lawyer known for getting results.
What Are the Defenses to a Violation of Probation Allegation?
As with any criminal charge, you can defend yourself against an allegation of a probation violation. The court must give you an opportunity to present evidence and provide testimony on your behalf.
In many cases, it’s possible to show that a probation violation was not “willful” or substantial. An experienced criminal defense lawyer can usually help an accused show that he or she made every reasonable effort to fulfill the conditions of the probation. If you can show that you acted reasonably and responsibly, and that you made a good faith effort to adhere to your probation terms and conditions, there is a good chance the court will rule in your favor.
Contact a Jacksonville Probation Violation Lawyer for Your Case