Effective, Proven Defense Strategies from Experienced Fort Lauderdale Violation of Probation Defense Attorney
There are many effective and successful strategies in dealing with an accusation of violating your probation. An aggressive and strategic Criminal Defense Trial Lawyer like Ken Padowitz will zero in on the correct path to dismiss a violation accusation or reinstate probation if possible.
Probation may be imposed as part of a sentence for misdemeanor or felony offenses instead of imprisonment. A person on probation is someone who may not have been convicted of a crime or may have served part of his conviction in jail or who has not served any jail time. Although probation is a sentencing option for misdemeanors and many felonies, probation may not be an option for higher-order felonies, such as capital crimes, forcible rape, and others.
A person on probation is required to fulfill certain conditions, as ordered by the court. These conditions may include, but are not limited to, attending educational sessions, completing community service, maintaining contact with probation officers, attending drug and alcohol counseling, maintaining employment, abiding by a curfew, living at a designated address, obeying the orders of the probation officer, and abstaining from leaving the jurisdiction. Further, the probationer may be ordered to refrain from subsequent possession of firearms, contact with the victims, contact with potential victims of similar crimes, or contact with known criminals. Also, the offender may receive an electronic ankle monitor. If an offender fails to meet any condition imposed by a judge or fails to appear at a probation hearing, then he may face violation of probation.
If it is alleged that a person on probation has violated any such terms or conditions, then his probation officer may submit an affidavit of violation of probation to the court. The Judge will then issue an arrest warrant for the probationer.
In some instances, a Defendant can be found Not Guilty of a new substantive violation of the law but can still be found guilty at a Probation Violation Final Hearing. To read more about a rare legal move by the prosecution, Ken Padowitz is quoted by CBS Miami on Probation Violations, CLICK HERE.
Kenneth Padowitz has successfully resolved hundreds of probation violation cases and has been practicing criminal law for thirty years.