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If you are looking for a Miami probation violation attorney then , a Miami criminal defense attorney with extensive experience defending people that have violated probation in Miami.  A probation violation occurs when a defendant is on probation and either gets charged with a new crime or commits a technical violation.  Examples of technical violations include failed drug tests, not reporting to the probation officer on time, moving to a new home without notifying the probation officer, not attending classes, etc.

When the violation occurs, the probation officer files a Probation Affidavit in court.  A warrant is then issued for the defendant's arrest of the defendant and once arrested the person will stay in jail. 

When you are on felony probation and violate probation, you are almost always arrested and given NO bond. Sometimes, if your violation is a technical violation the Judge will issue a warrant with a bond attached, but it is rare.  Probation violation cases are different because the state only has to prove that the violation occurred by a preponderance of the evidence (very easy to do) and the Judge will then re-sentence the person on the original underlying case.

For example, if you are sentenced to probation on a third degree felony you are facing five years in prison.  If you get a one (1) year probation sentence but you violate probation the judge can sentence you to the entire five year prison sentence once the state proves that you willfully violated probation.

In probation violation cases, the state does not have to prove this to a jury, just a hearing in front of the Judge who then determines the sentence.   If the violation was a minor violation, it is possible that probation could be reinstated or the defendant may get a stricter form of probation. In cases where there is a new crime committed, the person usually serves some time for the underlying crime if the state is able to prove their case.

I have extensive experience dealing with probation violations in Miami and Miami-Dade County and will help you get the defense you deserve.  As a former prosecutor in Miami I know what the assistant state attorney is thinking in terms of what he or she wants in order to resolve the case.  You cannot afford to go at this alone.  You need a Miami probation violation attorney to start fighting for you today!  I have successfully argued to have clients reinstated back on probation or negotiated a short term of jail but with the probation being terminated upon their release.  There are many creative ways of resolving probation violations in Miami. 

If you or someone you know is facing a violation of probation you need to contact me ASAP so that we may speak to the probation officer and the prosecutor to try to get the the person back on probation and avoid jail time.

RECENT RESULTS

FXX24277A: Client was in jail when I first got hired.  I got the probation modified and the client was released from jail.  Client must now do substance abuse treatment but client avoided longer jail sentence and kept withhold of adjudication. Client violated probation by testing positive for drugs.

FXX27049: Client contacted me prior to the violation being filed (and the arrest warrant which is filed along with the violation affidavit).  Client violated probation by leaving the country. Once violation was filed, I had client surrender in court in order to avoid the police from arresting the client and client being held for days in jail.  Once in court I asked the judge to remove the warrant since client surrendered voluntarily.  Judge agreed and I then negotiated with the prosecutor to have the probation modified to now include 60 community service hours at a rate of 10 per month.  Client avoided jail even from the beginning because we proactively fought the violation. 

FXX19961W:  Client entered into a written plea agreement when he first resolved the case.  The written agreement said he must be sentenced to 2 years in prison for any violations.  Client violates by testing positive for drugs.  Once hired, I negotiated with prosecutor to have client serve only 270 days and allow client to keep withhold of adjudication.  No further conditions were imposed and client avoided 2 years prison.

The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a Miami criminal defense attorney about your legal rights and responsibilities regarding your particular case.