With every criminal conviction, there is the possibility that you may be sentenced to incarceration in jail, prison, or house arrest. While these sentences often sound daunting, it is possible in some cases to obtain an early release. This process is known as parole. Generally, parole is only offered after you serve at least one-third of your original sentence. Additionally, you will be required to meet a series of conditions in order to be paroled and get out of jail early. Those conditions are still required of you even after you leave the custody of the jail or prison and typically are in place for as long as your original sentence was scheduled to run. But what are the consequences of violating the terms of your parole in Florida?
Parole is defined by the Department of Justice as “the release of a prisoner to supervision in the community after he or she has completed part of his or her sentence in an institution.” This differs from the probation process, which is defined as the “period of supervision in the community imposed by the court as an alternative to imprisonment.” An experienced Florida criminal defense attorney may be able to negotiate probation in lieu of jail time in some cases.
The Consequences of a Florida Parole Violation
There are a series of requirements made of every person who is granted parole. These requirements are mandatory and the failure to meet even one of them is grounds for your return to jail for the remainder of your sentence. Some common grounds for a parole violation include the following.
- Failed drug tests
- Failed urine test for alcohol
- Arrest for another crime
- Leaving the city or state without advanced permission
- Moving without notifying your parole officer
- Skipping a meeting with your parole officer
- Failing to attend court-ordered treatment like anger management or Alcoholics Anonymous
How a Tampa Criminal Defense Attorney can Help
The good news is that if the state decides to attempt to revoke your probation, you are entitled to a revocation hearing first. At this hearing, you will have a chance to defend yourself against the claims surrounding the alleged violation. Just like with a trial, you are entitled to have an attorney present during your hearing. The state has a lower burden to prove that you have violated your parole than they would at a traditional trial. This makes it critical that you hire a defense attorney that is ready to fight for you from the moment you hire them. The right legal counsel may be able to lessen the punishment during your revocation hearing, even potentially avoiding a return to jail altogether.
If you are facing a probation revocation hearing in the Tampa, Florida area, contact attorney Omar Abdelghany and the OA Law Firm. Omar is an experienced criminal defense attorney that services Tampa, St. Petersburg, Clearwater, Sarasota, and other surrounding areas. To discuss the facts of your case with an experienced criminal defense attorney, contact the OA Law Firm for a free consultation.