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Probation/Community Control Violations

Did you or someone you know violate a probation condition? If so, you may be nervous and apprehensive about what happens next. Probation violations happen. What you do about them, however, can make the difference between jail and freedom. The consequences are very real and need to be addressed immediately.

Ben Stechschulte

A Warrant for Arrest

If you violated the conditions of your probation, your probation officer will file a formal affidavit of violation of probation to the judge. If the judge reviews and agrees with the accusations, he will sign a probation violation warrant. Once a warrant is issued, you can and will be arrested and taken to jail to await a hearing. It may be tempting to ignore or hide from the situation, but do not procrastinate and make things worse.

Emergency Representation

When you know a warrant is coming or if one has already been issued, you need to speak with an experienced attorney as quickly as possible. By filing an emergency motion, I may be able to prevent the warrant. Even if you are already in jail, I can schedule a speedy trial and secure your release. . .before it costs you more money, a job or your kids. 

Maximize Days of Freedom

Without private representation and an emergency motion, you could spend days or even weeks in jail waiting for a hearing. True, if you do not hire a lawyer a public defender will be assigned to your case. To them, however, you are just a number. Their case burden is so high they cannot actively work your case or understand your unique circumstance. Worse yet, they do not have time to prepare you for the kind of questions a judge will ask. 

Low Standard of Proof

Did you know that, unlike a criminal case, a probation violation has a lower standard of proof? In order to be found guilty, a judge need only find that your violation was willful and substantial by a preponderance of the evidence. The hearing is your one chance to present your case. Do you really want to face it unprepared?

Fast Action, Affordable Rates

You had one lapse in judgment and are now facing a probation warrant. The situation is bad, but it can be corrected. With a call to the Tampa criminal defense attorneys at Stechschulte Nell, you can have a warrant lifted or be out of jail within 48 to 72 hours. We have years of experience in many facets of the system and know how to present your case to a judge for the best possible outcome.

Your future depends on your decision. . .call us now at 813-280-1244.

 

Blogs Pertaining to Probation Violations

Federal Supervised Release Violations