When someone is convicted of a misdemeanor or felony offense, they are sentenced to probation, which allows them to live in the community rather than being imprisoned or sentenced to prison. However, if a Florida probation officer believes that the terms and conditions of probation have been violated, the judge can revoke the probation sentence. Most of the time, the judge will issue an arrest warrant for the subject in question. A contract in Florida may be issued with “no bond,” depending on the county.
If the probationer does not retain an attorney to assist in the case’s resolution, they could be held in jail for several weeks or months until the matter is concluded. In the case of a probation violation, the court is not required to set bail. The court has the authority to impose various sanctions on an offender, depending on the gravity of the offense. If the judge finds that probation has been violated, they may sentence the offender to prison for the probationary period.
Alternatively, a court may change the probationary terms or extend the probationary period. Additional sanctions include severe fines, community service requirements, electronic monitoring requirements, and participation in a rehabilitation program. Alba & Straile PLLC assists people accused of violating of probation (VOP) in criminal prosecutions, including traffic offenses.
- Examples of probationary violations include, but are not limited to, the following:
- Non-adherence to a curfew
- Failure to appear at a scheduled appointment
- Failure to pass unannounced alcohol or drug test
- Not making reparations to a victim is illegal
- Committing a substantive offense for the first time
- Failure to maintain work, education, or job training is severe.
- Possession of firearms
- Breaking travel restrictions
In addition to any other penalties that may be imposed due to the violation, you may be ordered to serve all or part of your unfinished original prison sentence, if applicable. For example, if you violate probation by committing another crime, you may be sentenced to further jail time for the new offense. You may also be sentenced to additional probation.
If you are charged with violating probation, you will require devoted and competent legal representation to assist you in defending yourself against the allegations leveled against you. If you have been charged with breaching the terms of your probation, you should consult with an experienced criminal defense attorney as soon as possible. Get in touch with me, Attorney Erin Field, to learn more about your rights and alternatives.
In Connecticut, there are several different types of probation violations
When a person fails to adhere to one or more of the requirements of probation imposed by the court, they are considered to have violated probation. Although some probation terms are standard in most instances, the courts have the authority to charge virtually any probation condition that is customized to the offender’s specific situation.
The following are some of the most common types of probation violations in Connecticut:
Non-compliance with the probation officer’s instructions
Failure to pay fines, costs, or restitution as ordered by the court
Not appearing in court when summoned is a criminal offense.
Absence from participating in or completing court-ordered treatment programs, such as drug and alcohol abuse treatment, anger management therapy, or sex offender treatment programs
Having failed to comply with the conditions for sex offender registration after being convicted of a sex offense
Protective or restraining orders are being broken.
Arrest for a second criminal crime
Use of alcoholic beverages or illegal drugs
Having difficulty retaining lucrative employment
Even while specific probation requirements may not appear significant — for example, failing to attend a court appearance – the courts take all probationary conditions quite seriously. Any violation could result in more stringent requirements or possibly the entire term of probation privileges.
Accused of Violation of Probation in Connecticut? What Happens After You’re Arrested?
Whether you are accused of breaching your probation in Connecticut, or you are found guilty, the process and consequences will be determined by the nature of the infraction. The first time you violate the terms of your probation in a small way – such as skipping a scheduled meeting with your probation officer or failing to attend a court-ordered therapy or treatment session – you may merely receive a written warning from your probation officer. Any future infractions after this point, on the other hand, will almost certainly result in more significant repercussions.
If the state decides to file charges against you for violating your probation, you will be arrested and forced to appear in court for a hearing on the breach of probation charges. It will take place within 120 days of the order being filed. We must remember that hearings for violating a condition of probation are significantly different from criminal proceedings in many ways. For starters, you do not have a right to a jury trial in this case. Instead, your lawsuit will be decided by a judge.
As a bonus, your criminal prosecution does not have to prove your guilt “beyond a reasonable doubt.” As an alternative, the state’s standard of proof is the preponderance of the evidence, which is a less stringent test. Some forms of evidence that would be inadmissible in a criminal trial may be allowed to be used by the state in a civil case.
Suppose you are found guilty of violating your probation. In that case, the court can impose various consequences, including increasing the length of your probation term, imposing new probation conditions, or revoking your probation and ordering you to serve the remainder of your prison sentence for the conviction that resulted in your probation. If you are found guilty of violating your probation, the court can impose a variety of consequences, including increasing the length of your probation term, imposing new probation conditions, or revoking your probation and ordering you to serve
Penalties for Violations of Probation in the State of Connecticut
A Connecticut court can impose a range of penalties for violating your probation, depending on the severity of the breach. If the court finds that you have broken your probation, it may impose sanctions such as the following:
Probation will be extended for another six months.
Changing or broadening the terms and circumstances of probation
Probationary status is being extended.
Removing the offender’s probation and ordering them to serve the remainder of the underlying sentence of incarceration
Violation of Misdemeanor Probation in the State of Connecticut
Once a misdemeanor offense you have been sentenced to probation is established, a probation violation is generally viewed as a misdemeanor offense. Suppose you willfully fail to appear in court in connection with your probation violation. This willful failure to appear is classed as a second-degree misdemeanor in the state of New York.
In Connecticut, a felony probation violation is a felony.
Many probation violations will be prosecuted as misdemeanors if you have been sentenced to probation for a felony conviction. Failure to appear for a court hearing connected to a probation violation, or becoming ineligible for court-ordered sexual offender treatment, are both considered felony probation violations and are punishable by imprisonment.
Reasons for Probation Violations that are frequently encountered
The offender has a legal obligation to follow the terms of their probation, and the law holds them accountable. However, there are a variety of frequent reasons why someone on probation may choose to breach the terms of their probation, including the following:
preceding an appointment with the probation officer, a court-ordered treatment or therapy session, a court hearing, or any other scheduled appointment
The act of changing one’s domicile without alerting the probation officer or the act of updating one’s sex offender registration
being sacked from one’s position
Having a social circle that is dominated by drugs and alcohol
Associating with individuals that are involved in criminal activity
Can a Connecticut Probation Violation Attorney Assist Me With My Case?
If you have been charged with violating your probation, you will require the legal services of a Connecticut probation violation lawyer. You can benefit from the guidance of a probation violation attorney, who can help you understand the implications you may be facing and your rights and alternatives for your violation hearing.
Violations of probation might be either technical or substantive
Technical probation infractions are the significant minor types of probation violations. Violations of probation terms and conditions occur when the probation terms and conditions are not followed. They do not, however, entail the commission of a new offense. A substantive violation is defined as the commission of a new crime, and it frequently results in the revocation of probation. There is a new criminal proceeding to address the recent changes that have been brought against you in addition to serving your sentence in jail or prison. There are numerous ways in which we may assist you in the handling of a probation violation case, including, but not limited to, the following:
on the probationer’s behalf, contacting both the State Attorney’s Office and the Probation Officer to request additional time to bring them into compliance with the requirements of probation
Filing a “move to set or lower bail” or “motion for surrender” allows you to turn yourself in on the Florida warrant in the courtroom and petition the judge to set a reasonable bond in the case or perhaps dismiss the charge against you and free you from jail or prison.
After being taken into custody on a violation of probation warrant, it is possible to arrange for surrender with law enforcement and representation at the first appearance hearing within a few hours of being taken into custody.
When a person is sentenced for violating probation, this is referred to as resentencing. This type of proceeding is distinct from the original offense and does not constitute a criminal prosecution. In this case, the bar of proof is lower, and the judge has the authority to sentence the defendant to the maximum amount permitted by law.
Cases of probation breaches can be complicated and technical. A competent attorney who is at ease in the courtroom is, as a result, vital. If you have been accused of breaching the terms and conditions of your probation in Florida, you should consult with a qualified probation violation attorney immediately.