May people in the criminal justice system are placed on probation instead of being sentenced to time in jail or prison. As a Jacksonville criminal defense attorney, I want all of my clients to successfully complete their Florida probation. Still, Jacksonville violation of probation arrests occur all to often. Sometimes, a criminal defendant is arrested for violating probation in such a minor way. It seems unfair. If you have been placed on probation in Jacksonville, you may have a probation sentence that is fairly easy or one that is more difficult. This factors into the likelihood of whether or not you will violate your probation. You may also violate your probation for picking up a new criminal charge. It does not matter how minor the new arrest is. Your Florida probation officer will report that you violated your probation with a new arrest.
Here are some examples of minor probation violations:
- You were arrested for Jacksonville domestic battery. You hired a Duval County lawyer to help you with the case. You ended up entering a plea of no contest to Jacksonville affray or fighting, because the charges were amended. You were placed on probation to complete anger management. While you were driving home from your anger management course, you were pulled over. It turns out that your Florida drivers license is suspended. You were given a Jacksonville traffic ticket for Jacksonville driving on a suspended license with knowledge. Due to the fact that this driving offense is a criminal charge, you have “committed a new law violation.”
- You were arrested for driving under the influence in Orange Park, Florida. After discussing your case with your Clay County Lawyer, you entered a plea of guilty and went on probation. You did not complete all of your community service hours due to your work schedule. You complete all the other terms of your Jacksonville DUI probation. You are then arrested for violating probation.
- Your were placed on probation for Florida possession of a controlled substance in Ponte Vedra. You attended NA (narcotics anonymous classes) and took random urine tests. After several months of doing a great job with your probation, you failed a drug test. Now, you have to hire a St. Johns County attorney to defend you for this violation.
- While on probation for a criminal case, you find out that there is a warrant for your arrest for Jacksonville worthless checks. You find out that your wife filed for divorce in Jacksonville after you are served with papers and receive a letter from her Jacksonville family lawyer. You continued to write checks from your joint checking account, but your wife took the money out of the account without your knowledge. You will still need to fight the new worthless check charges.
A violation of probation is serious. In a way, it reopens your criminal case. If you negotiated a plea deal and you violate probation, you will go to a hearing. Usually, the probation hearing is before the same judge that sentenced you. You judge will be able to give you a new sentence. The judge may sentence you to the maximum sentence that you could have received under the original charge. If you need help, call (904)564-2525 to talk to a Jacksonville criminal attorney.