The title of this blog may be misleading, because who would actually want to violate the terms of their probation? The answer is likely “no one”, because if you violate your probation you do not receive the benefit of the bargain you made when agreeing to go on probation. That said, violations do happen, and when they do it is imperative to aggressively defend the new charge of violation of probation (VOP). A successful defense to a VOP charge can keep you out of jail and might just also allow you to bargain for other favorable outcomes.

Violations occur in one of two ways, either by committing a new crime or by committing a technical violation. A new crime violation is pretty self-explanatory, it happens when the defendant engages in a new activity other than the one for which they are serving probation, and get arrested for that new act. But a technical violation is less clear, and happens when the defendant fails to comply with one of the terms of their probation. Even a technical violation can lead to a VOP charge, so you have to be very clear on what you are supposed to be doing while on probation in order to avoid a VOP claim being made against you. And now, starting over a month ago on July 1, 2016 there are new punishments for technical violations. The law now calls for:

  • New punishments are available for technical violations.
  • The additional punishment is county specific, with each county given the authority to impose their own sanctions for a probation violation.
  • Participation in the new punishment scheme is voluntary, but it might lead to fewer people finding themselves in jail for committing a technical violation of their probation.

Staying out of jail while serving your sentence is the most attractive part of agreeing to go on probation. If you have been charged with a probation violation, call us for help. We will examine the facts of your case and present your options for results that are satisfactory. We understand your need to maintain your freedom, and will fight hard on your behalf.

If you need help with probation, call an experienced criminal defense attorney in Stuart and the Treasure Coast to help you. Your first visit is a free initial consultation.