There are two ways in which you can violate your probation. One is called a technical violation. A technical violation is when you fail to comply with a condition of your probation. Examples of failing to comply with conditions of your probation may include, but are not limited to, failing to report in, failing to go to a class or meeting, failing to pass a drug test or failing to pay monies owed.
Another way in which you can violate your probation is referred to as a new law violation. A new law violation is when you are charged with new/additional crimes while on probation. Violating your probation essentially re-opens the original case which you were placed on probation for; therefore, any sentence that is ordered for this violation can be up to the maximum penalty for that underlying charge.
If you choose to contest the violation of probation you can have your defense attorney set your case for an evidentiary hearing. At the evidentiary hearing, the state attorney has the burden of proving that you in fact violated your probation and that you did so willingly. Your defense attorney can present testimony and evidence on your behalf and the judge will determine if you are in violation or not. Violations of probation are commonly referred to as VOP.
Criminal Defense Against Probation Violations
For more information on how to defend yourself if you have been accused of violating your probation, you can contact the attorneys at Schwam-Wilcox & Associates.
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If you are in need of a criminal defense attorney (lawyer) in Orange, Osceola, Seminole, Lake or other counties throughout Florida call Schwam-Wilcox & Associates at 407-245-7700, or Contact Us by completing the form below to schedule a consultation. Schwam-Wilcox & Associates is a firm you can trust, and our attorneys are ready to help you with your legal needs. The main office is conveniently located near Winter Park in Orlando, with appointments also available in The Villages.