Probation Violations Attorney In Fort Myers
You are not entitled to bond in most probation violation cases, and the prosecution only needs to prove the violation by a “preponderance of the evidence.” This means even minor infractions can lead to serious penalties, making legal representation crucial.
At Patrick McLain Law, we have spent years defending Southwest Florida residents in Lee, Collier and surrounding counties against probation violation allegations. Our Fort Myers-based team knows how judges here approach these cases.
What Are The Proceedings For Violating Probation In Florida?
As a result, you face a different legal process than your original case. The court will schedule a violation hearing, where a judge – not a jury – determines your fate. The burden of proof is lower than in criminal trials, making it vital to have strong legal representation from the start.
What You Should Do If You Have Violated Probation?
Take these immediate steps:
• Document everything related to the alleged violation, including any evidence that supports your position
• Maintain regular contact with your probation officer while being mindful of your rights
• Avoid discussing your case with anyone except your lawyer
• Continue following all other probation requirements precisely
• Gather records of your compliance with probation terms up to this point
But Florida’s legal system prioritizes strict compliance. A missed payment or tardy check-in could be portrayed as intentional.
Common Probation Violations
Probation violations in Florida fall into two main categories:
• Technical breaches: Missing appointments, failing drug tests or not completing community service.
• Substantive violations: This happens when a new criminal offense is committed while on probation.
Even a minor violation can lead to severe penalties, but having a strong attorney advocacy can help mitigate the consequences.
What Are The Penalties For Violating Probation In Florida?
The consequences depend on the nature of the violation and the original offense, with the possibility of:
• Reinstatement of probation with additional conditions
• Extended probation period
• Mandatory rehabilitation programs
• Significant fines
• Incarceration up to the maximum sentence of your original charge
Because probation violations do not require a jury trial and have a lower burden of proof, the risk of harsh penalties is high.
A Probation Violation Does Not Have To Mean Jail Time
Patrick McLain Law fights to keep you out of custody and work toward the best possible outcome. Our Fort Myers-based firm provides aggressive defense for clients throughout Southwest Florida, including Lee and Collier counties. Contact 239-737-3735 to discuss your case.