Violating Jacksonville Probation Stops Florida Record Seal

Florida Probation Lawyer

Violating Probation can result in more than handcuffs.

If you pleaded guilty or no contest to a criminal charge, you were likely sentenced on the case.  This means that the judge presiding over your case either passed the case for a sentencing hearing and sentenced you after you entered your plea or you were sentenced on the same day.  You may have been sentenced in accordance with a plea deal or negotiation between your Jacksonville criminal lawyer and the Duval County State Attorney assigned to your case.  In some cases, you are sentenced to the time that you served in jail and you have court costs to pay.  In other cases, you are sentenced to a term of probation.

If you were sentenced to probation, it is important not to violate your probation in Jacksonville.  A violation of probation partially reopens your case.  If you violate your probation, a warrant may be issued for your arrest under the same case number.  This means that you may have to turn yourself in or you could be arrested.  If you are arrested because you have been accused of violating your probation, the judge may issue a bond for you.  If that is the case, you can bond out of jail while your Florida probation violation is pending.  Depending on the circumstances, the judge may also hold you without a bond.  This means that you would remain in jail until your court date.

If the judge finds that you did willfully violate your probation, a variety of things may happen.  The judge may give you a second chance and reinstate your probation.  If the judge reinstates your probation, then you will continue with the original terms.  The judge may modify your probation and add additional terms.  The judge may send you to jail.  By violating your Florida probation terms, you have re-opened the issue of sentencing in your case.  The judge has the ability to sentence you to the maximum sentence on the charge that you pleaded guilty or no contest to.  For example, let’s say you pleaded no contest to Jacksonville burglary to a conveyance.  You were sentenced to the time that you have already served in jail.  You were also placed on probation for 2 years.  As part of your probation, you were required to pay restitution and meet with your probation officer.  You violated your probation.  If the Duval County judge finds that you willfully violated your probation, he or she may send you back to jail or to prison for up to 5 years, because this is the maximum sentence for burglary to a structure or conveyance in Florida.

There is another issue.  Not only is there a chance of going back to jail, but there is also a chance of becoming a convicted felon.  Take the same scenario and imagine that the judge originally withheld adjudication.  That means that he or she did not technically convict you of the crime.  If you violate your probation, the judge may be able to adjudicate you guilty.  This will result in a felony conviction.  If you have been convicted of ANY crime, you cannot seal your Florida record.  This is another reason why you do not want to violate your probation in Jacksonville FL.  If you can avoid a conviction, you may be able to seal your Florida criminal record.  If you are facing a probation violation, contact a Jacksonville criminal attorney at 20 Miles Law for help.  Call (904) 564-2525.

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