Violations of Probation - VOP - Violation of Community
Control - Early Probation Termination.
Being charged with violation of probation or violation of community
control is a serious matter. Without an experienced attorney on your
side, you could be faced with being arrested and held in jail without
bond until your violation is resolved. The Orlando criminal defense firm
of Tilden Law represents clients facing violation of
probation (VOP) charges and violation of community control charges in
Orlando, Orange County and Sanford, Seminole County.
Criminal Defense Attorney, N. Fleetwood Tilden, is a former Central Florida Prosecutor who has spent the last 15 years practicing criminal law and has successfully represented and been involved in excess of 250 violation of probation, violation of community control and petitions for early termination of probation cases in Orlando, Orange County courts and Sanford, Seminole County courts.
Tilden Law represents clients on all probation matters throughout
the Central Florida area, with a focus on VOP cases in Orange County and Seminole
County and the surrounding cities of Winter Park, Orlando, Maitland, Sanford,
Altamonte Springs, Longwood, Lake Mary, Winter Springs, Apopka, Winter Garden,
Ocoee, Oviedo, Fern Park, Casselberry and others. We are available 24 hours to
answer questions and provide advice.
ARRESTED FOR PROBATION VIOLATION?
BOND HEARINGS
Many violations of probation "VOP" warrants provide
for no bond/bail. In many cases where there is no bond/bail, our firm will prepare
and file a "Motion to Set Bond" and petition for release on behalf of clients
who are in jail custody. When deciding to grant bond, many courts consider some
of the following factors:
- How long has the person lived in the area?
- Is the person employed and does he/she have a job if released?
- Are there family members living locally?
- Will you promise to appear at all court proceedings?
- Is there a significant criminal history?
- What amount of bond will you be able to reasonably afford?
PROBATION CONDITIONS
There are two types of probation conditions, General probation conditions and
Special probation conditions.
Every probation sentence carries the same General Probation conditions:
- Report timely to probation
- Submission of monthly probation reporting
- Do not violate any state or federal laws while on probation
- Do not move from your pre-approved place of residence without prior consent
from a probation officer
- Maintain consistent employment or enroll as a full
time student school
Special Probation conditions will relate to the underlying charge
and can include:
- Not to consume or possess alcohol while on probation
- Complete court ordered driving classes and DUI schools
- Complete community service as part of probation
- Complete court ordered counseling as part of probation
- Payment of restitution to a victim during probation
PROBATION VIOLATIONS - YOUR RIGHTS
- YOU have the RIGHT TO A LAWYER
- The Probationer must be given notice of the general probation condition
or special probation conditions that are alleged to have been violated. - The
Probationer has the right to challenge the allegations contained in the violation
of probation affidavit and have a formal hearing before a judge.
- If the underlying allegation is a “new law” or Substantive violation, the
Probationer has the right to question and cross-examine the officer making
the claim.
- The Probationer has the right to present a defense and call his/her own
witnesses to dispute the charge.
If you are found guilty, you can be sentenced to the maximum
penalty you faced on the underlying charge that placed you on probation, including
jail or prison. It is important that you have competent legal counsel.
TYPES
OF VIOLATIONS
In Florida there are two common types of Probation Violations:
- Substantive violations - a substantive probation violation is the most significant
type of probation violation. Substantive violations occur when the Probationer
is accused of committing a new law violation or where the Probationer is arrested
for a new crime.
- Technical violations - a technical violation of probation occurs when
the Probationer fails to complete a condition such as community service or
court ordered driving classes or willfully violates a condition of his probation.
VOP DEFENSES
At the Criminal defense firm of Tilden Law, an experienced
violation of probation attorney reviews each individual case and prepare legal
defenses specific to the client and the violation allegation. By drawing on
over 15 years of criminal law experience, we have a comprehensive understanding
of Florida laws governing probation violation charges. Our ultimate goal is
to keep our clients out of
jail, terminating probation early or reinstating probation.
EARLY TERMINATION OF PROBATION
Orlando Criminal Defense firm Tilden Law helps numerous clients
each year petition for and achieve early termination of probation. Probation
is a tool utilized by the courts to monitor individuals who have resolved a criminal
case to make sure a judicial sentence is being completed timely. Every individual
placed on probation is entitled to request early termination of their probation,
regardless of whether the judge who originally imposed the sentence stated otherwise
at the time of the case conclusion.
Please Contact the Orlando Violation of Probation lawyers the Orlando law office
of Tilden Law, to schedule a FREE case evaluation. Out of state
clients are welcome, and weekend and evening appointments are available. |
