Miami, FL Probation Violation Lawyer

Attorney Helping Defend Against Violations of the Terms of Probation in Miami

In criminal cases, people may be required to serve periods of probation. They will need to meet numerous requirements, and if they fail to do so, their probation may be terminated, or they could face additional criminal charges. A single misstep, misunderstanding, or false accusation can result in an arrest and the possibility of incarceration. A person who was able to avoid a prison sentence through probation may end up being sent to jail for technical violations, or someone who has been released may be reincarcerated. The stakes of these cases are high, making legal representation essential

Stroleny Law: Criminal Defense Attorney works with clients in Miami who are facing accusations of probation violations. Our lawyer knows that violations often occur because of circumstances that are out of a person's control. He will fight to keep a person out of prison by presenting evidence explaining the reasons for violations and demonstrating that a person has done their best to meet their ongoing requirements.

Common Reasons for Allegations of Probation Violations

Failure to report to a probation officer when required is one of the most common issues that can affect people who are serving terms of probation. A person will be required to appear at a probation office on dates and times specified by their probation officers. If they miss appointments, arrive late, or do not maintain regular contact, they may face penalties even in situations where they have legitimate reasons for these issues.

Work schedules, transportation problems, medical emergencies, or confusion about appointment dates can lead to missed reporting. Probation officers may issue warnings in some cases, but many departments have strict policies requiring the reporting of violations following missed contact.

While on probation, a person may be subject to random testing to ensure that they are refraining from using addictive substances. Failed drug or alcohol tests may be considered violations of the terms of probation. Positive tests for marijuana, cocaine, opioids, or alcohol could lead to the revocation of probation or other penalties.

Failure to maintain employment can lead to violations when a person is required to work or actively seek employment. The loss of a job due to a layoff or termination could lead to penalties, even if a person is taking steps to find new employment.

Housing instability can result in violations when a person is required to live in an approved residence. An eviction, an inability to pay rent, conflict with family members, or other issues may lead to violations of residence requirements. Moving without permission from a probation officer may be considered a violation even if a person was forced to relocate due to circumstances beyond their control.

Unauthorized travel outside of certain boundaries may violate the terms of probation. Family emergencies, job opportunities, or medical needs in other locations may require a person to travel, but if they do not obtain the proper approvals, they could face probation violation charges.

Failure to pay fines, restitution, court costs, or supervision fees is another common violation. A person who is struggling financially may fall behind on payments through no fault of their own. Unfortunately, an inability to pay may be treated as a purposeful refusal, and a person could be charged with a probation violation.

Failure to complete court-ordered programs, such as community service, substance abuse treatment, anger management classes, or educational requirements, may lead to probation violations. A person who cannot afford the fees of these programs, who does not have transportation, or who cannot attend programs because of work may be accused of failing to follow the court's orders.

Probation conditions will often prohibit a person from possessing weapons. A person who is found with guns, knives, or other weapons during searches by probation officers or encounters with law enforcement could face the revocation of their probation.

Associating with felons or other prohibited persons may be a violation of the terms of probation. A person will usually be required to avoid contact with people who are involved in criminal activity. Interactions with family members, neighbors, or coworkers who have criminal records could result in probation violations.

New criminal charges can lead to accusations of probation violations. Even if a person is not convicted or if charges are eventually dismissed, they could still face penalties after being arrested and charged with a crime.

Defense Strategies in Probation Violation Cases

Our lawyer can help a person on probation defend against accusations that they have violated their restrictions or requirements. He can help a person demonstrate substantial compliance with the terms of probation. If a case involved minor technical violations, he will work to persuade a judge to continue probation with modified conditions rather than revoking probation. He will present evidence of a person's overall efforts to comply, their progress toward rehabilitation, and their good faith attempts to meet their requirements.

Alleged violations may be addressed by showing that they were based on an inability to meet certain requirements rather than an unwillingness to comply with the court's orders. Documentation of job searches, unemployment benefits, medical conditions, or financial hardship can help to demonstrate that violations occurred due to circumstances that were beyond a person's control.

It may be possible to show that allegations of probation violations are false and that violations did not occur. Probation officers can sometimes make mistakes, they may misunderstand situations, or they may rely on inaccurate information. Our attorney can present evidence addressing the allegations. He may provide records proving that a person was elsewhere when a violation allegedly occurred or documentation showing that requirements were satisfied.

Our lawyer may dispute the results of drug tests by challenging testing procedures, the chain of custody of samples, or the procedures followed in laboratories. He may present evidence showing that test results were based on the use of prescription medications or other factors.

Probation violations may also be addressed by highlighting due process violations or constitutional violations. When probation officers conduct illegal searches, when a defendant was not notified about their requirements, or when the proper procedures were not followed, our attorney can challenge violations on constitutional grounds.

Letters from employers, program completion certificates, and testimony from treatment providers can demonstrate that a person has made positive changes and that probation should continue. Our lawyer can take steps to negotiate modified conditions rather than a revocation of probation. He may advocate for an extended probation period or penalties other than imprisonment.

Contact Our Miami, Florida Probation Violation Attorney

When you are on probation, a violation could put you at risk of incarceration or other serious penalties. Legal proceedings related to probation violations can move quickly, and they often involve lower burdens of proof than criminal trials. Because of these issues, legal representation is essential. At Stroleny Law: Criminal Defense Attorney, our legal team understands the challenges involved in these cases, and we can help defend against violations and show that you are taking the proper steps to meet your legal requirements. Contact our Miami probation violation defense lawyer at 305-615-1285 to schedule a free consultation and get the legal help you need.