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Probation Violations


Probation Violations

In the United States justice system, an individual may be given probation for two reasons: The first is for good behavior when serving time and the second is as an alternative to serving time in an institution. Probation is not a guarantee of any sentence; some individuals will serve time without ever having the option of receiving probation. And it’s more than confinement to one’s Ft. Lauderdale home while wearing an ankle bracelet; terms of probation may include, but are not limited to :

  • Restriction from using drugs, alcohol or weapons
  • Reporting to assigned probation officer
  • Serving some jail time
  • Paying assigned fines
  • Maintaining suitable employment
  • Attending counseling
  • Completing community service
  • Refrain from further violating the law

The terms of your probation are established based on the crime committed. For example, if an individual used a controlled substance, their probation terms include restriction from using drugs for the entirety of the probation period. To ensure that the individual is meeting their probation terms, they may be subject to drug and/or blood tests. Regardless of the reason, you were placed on probation, violating its terms will result in even more serious consequences.

What is a Probation Violation?

Probation violations occur when an offender does not meet at least one of their established terms of probation. For example, one individual’s terms of probation include reporting to their probation officer, attending counseling, and completing scheduled community service projects. If the individual fails to show up for community service, they are violating their probation. Other examples of violations include new criminal offenses, missing appointments, and failure to complete court mandated programs.

Charging Fort Lauderdale Probation Violations

In order to charge an individual with violating the terms of their probation, a prosecutor (the State) must present evidence that proves the defendant violated terms of their probation—, show that the violation was substantial (a new charge), and/or that the defendant willingly violated their probation terms.

In some cases, the probation violation was unintentional; in these cases, having experienced criminal defense attorney Anthony F. Anise is your best chance at fighting this violation. He can listen to your case and show that you made your best efforts to comply with the terms of your violation.

Early Termination of Probation

Countless people throughout Fort Lauderdale are currently serving probation sentences for various crimes. The majority try to pay their fines and complete their requirements as quickly as possible to become eligible for early termination of probation. To reduce their sentences, probationers must meet the following conditions:

  • Maintain a clean record of obeying all laws
  • Complete all community service and class requirements
  • Pay all fines and fees, including court costs, restitution, supervision costs and investigation fees.

One of the misconceptions about early termination of probation in Fort Lauderdale is it cannot be granted unless stated in the Order of Probation. That is simply not the case. Florida Statute 948.05 requires the court to consider and grant a petition when justice requires. A highly-skilled criminal defense lawyer can place you in the best position for early termination of probation. In addition to providing skillful negotiation and protecting the rights of each client, attorney Anthony Anise and his legal staff can help gather, organize and prepare the proper documentation to help clients achieve their goals.

Attorney Anise Can Defend you at a Probation Hearing

If there is substantial evidence that you willingly violated the terms of your probation, Attorney Anise will work to defend you and make sure that your probation or community service terms are reinstated—meaning you can avoid going back to jail (or going for the first time). He will help you avoid the even more serious consequences that can result from probation violations.

If you or someone you know has been charged with violating the terms of probation, call the Law Offices of Anthony F. Anise today. Having publicly defending hundreds of clients in similar situations, Anise understands what it takes to ensure that a client receives a fair trial. He will speak with you about the details of your case and discuss the best route to take. Attorney Anthony Anise offers free initial consultations for all clients. He proudly serves the Ft. Lauderdale community.

To schedule your free consultation, call the Law Offices of Anthony F. Anise P.L.L.C. at (905) 715-6001 today.

Contact Anthony F. Anise

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