Here are the top 5 reasons why my clients tend to violate probation:
5. The Drug Test (dirty urine will violate your probation)
A little weed goes a long way. If you like to smoke a little smoke, you will probably end up going down in flames. Drug testing techniques have become pretty advanced, so taking a masking agent purchased at the local GNC or online ain’t gonna work. You will violate probation in Martin County if you smoke weed or use any other drug without a prescription.
4. The Curfew (Staying out late will violate your probation)
Night Owls tend to Fly the Coup. If you are on drug offender probation or community control, you have a curfew. Probation officers take pride in the 2 a.m. visit. You better be home, and you better open the door. If the probation officer doesn’t see your smiling face, you will violate probation.
3. Leaving the County will violate your probation
If you are on probation, know your boundaries and know them well. That Wal-Mart store just north of the Treasure Coast Mall is in St. Lucie County. If you are on probation in Martin County, going there without permission will violate your probation. Read your probation order so that you are very clear on where you can and can’t go without permission. If you Fail to follow the probation order exactly, you will violate probation. Usually, your probation officer will not care if you go to Wal-Mart across the county line – but you have to ask first. Probation is one situation where it is better to ask for permission than for forgiveness.
2. Failing to Pay Fines, Costs or Restitution will violate your probation
If you are on probation, you will have to pay a cost of supervision, court costs and in some cases fines or restitution to a victim. Failure to pay is enough to have you arrested for violation of probation, but Florida does not have a debtor’s prison. That means that before being found Guilty of violation of probation, the State would have to prove that the failure to pay was wilful – that you had the money but chose not to pay, or to spend it somewhere else. This is usually a tough burden for the State to carry. Still, I would suggest leaving the Rolex at home for the VOP hearing.
1. The New Law Violation will violate your probation (even if the new charges are dropped)
Some people just can’t help themselves. But if you are on probation, you must refrain from breaking any criminal laws or you will violate probation. That includes driving if your license has been suspended – even if it is to go to work. That also includes drunken or disorderly conduct. It is amazing how many people tend to get themselves into situations once they are on probation – even if they never got into any trouble at all prior to the charges that got them on probation. Once you are in the system, you are in the system. There will be no breaks…
If you have been arrested for violating probation or if you suspect a warrant is on the way, contact the Ferraro Law Group. Our lawyers have been handling violation of probation cases since 1974. Call or email today to let our experience work for you.