Probation is a legal condition that allows you to be free from jail or prison while being closely supervised by the state through a probation officer who will make sure that you do not violate any laws and that you comply with all of the conditions of probation. In general, people who are on probation must meet regularly with a probation officer to supply details of their lives and show proof of completion of the court-imposed conditions of probation. Probationers must maintain a residence, a land-line, and a job and are often subject to random searches and drug tests without probable cause. Probation is usually imposed as part of a person's sentence for most crimes if he or she is either convicted or enters a no-contest plea. There is a monthly fee for probation. The cost of supervision usually runs anywhere from $25.00 to as much as $100.00, depending upon your particular situation.
How Violation Occurs
Probation can be violated in many different ways. The most common probation violations in Miami, Fort Lauderdale, and Palm Beach are the commission of new crimes, testing positive for drugs or alcohol, failing to complete the conditions of probation and the failure to regularly report to a probation officer. If you are on probation and have been accused of a violation, you face the real risk of going to jail or state prison for a long time. You need a lawyer. I suggest you contact me, Fort Lauderdale criminal lawyer, Lloyd H. Golburgh, Esq. for help. I have helped countless individuals who have been charged with violating the terms of their probation, and I offer my skill and experience to you.
Individuals who violate their probation are at an extreme disadvantage because they face less protection under the law. For example, hearsay is admissible in a probation violation hearing and the burden of proof is much less than the ‘proof beyond a reasonable doubt' standard required in a jury trial. There is no statute of limitations on a probation violation, you have no right to a bond or release from jail while awaiting your final probation violation hearing, and you have no right to a jury trial on an allegation of probation violation. Also, you can be forced to testify against yourself. Lastly, the Judge who placed you on probation can sentence you to the maximum jail time allowed under the law for the offense for which you were initially placed on probation. If you or a loved one is charged with a probation violation, call me today so I can begin to help.