When a Florida Judge sentences a defendant to probation, the idea is that the individual has been given a second chance. However, those serving probation are subject to certain requirements. This often includes reporting to a probation officer at a specified time, serving community service, paying certain fees, and refraining from alcohol and drug use. Although many defendants successfully complete these requirements, there are those who fail to do so. If you violate the terms of your probation, or if you commit a crime while under supervision, you may be ordered to attend a revocation hearing. This can result in the Court choosing to impose your original sentence and in your incarceration. It is important to understand, however, that there are options if you or a loved one have been accused of violating the probation. Omar Abdelghany is a Tampa probation revocation attorney assisting with these matters. Contact our office today to speak with a lawyer.
Lawyer representing Tampa residents accused of violating their probation
A defendant is being given a “second chance” by the Judge when they are placed on probation. The Court will issue a sentence after a defendant has been convicted but that term of confinement will be suspended. The defendant will be given a list of requirements and a time period for which they must serve probation. If these requirements are met over the requisite time period then the probationer will have successfully completed their probation and they will never be required to serve the sentence which they were given. Violating probation, however, can result in the Court imposing the original sentence. It is important to understand that one does not need to have committed a new offense to be in violation of their probation; simply failing to meet the terms of their supervision can result in incarceration.
The probation revocation process begins when the supervising probation officer files an Affidavit of Violation to the Court. If the defendant is not in custody then the Court will review the allegations and determine whether it is reasonable to issue a Warrant for the individual's arrest. Common reasons for the supervising officer to file an Affidavit include:
- Committing a new criminal offense
- Positive drug tests
- Failing to pay court ordered fees
- Failing to complete community service or treatment
- Failing to check in with the supervising officer
The Court will place the matter on its calendar for a hearing. It is often possible for defense attorneys to negotiate a “reinstatement” of probation with the prosecution. This would result in the accused being placed back under supervision with additional requirements in place (such as increased drug testing or more community service). If a negotiated resolution cannot be reached then the matter will proceed to a hearing. The Judge will make the final decision as to whether the public interest is served by incarcerating the defendant. It is possible that the Judge may find that the accused should be given another opportunity under supervision. It is crucial that the case be properly presented to the Court. This is why it is important to retain experienced counsel.
Omar Abdelghany is a Tampa attorney assisting those who have been accused of violating their probation. He will immediately begin working to negotiate a reinstatement. He will also begin gathering evidence which can be presented to the court in the event that a hearing is required. Evidence which can be presented, when arguing that the supervision should not be revoked, include letters from family members, employment records, schooling records, and other information which shows that the defendant has been a productive member of society while they have been under supervision. If necessary, Omar will take the matter to a hearing and argue that you should be given another chance. Our office will make sure that your rights are protected throughout the process.
Omar also serves clients in Bradenton, Brandon, Clearwater, Lakeland, Largo, Palm Harbor, Sarasota, Spring Hill, St. Petersburg and Tampa.
Defense lawyer in Tampa providing quality representation to Florida residents
At times, a probation violation may result in serving a jail sentence. The stress involved with these situations is understandable. The last thing you want to worry about is if your attorney can be reached in an emergency. Omar will personally handle your case from beginning to end. He will promptly return all messages and phone calls and keep you updated on the status of your case. If you need assistance then contact our office today to speak with a criminal defense lawyer.