Probation Violation Attorney in Fort Lauderdale

Fort Lauderdale Probation Violation Defense Attorney

Probation serves as an alternative to imprisonment, enabling offenders to remain in the community under strict supervision. Understanding the terms and conditions of your probation is crucial because any violation, even if unintentional, can result in an arrest.

For instance, in the Russel v. State case, a defendant was placed on probation following a concealed firearm charge. Later, the defendant faced additional legal issues, including a violation of probation due to failure to meet probation requirements and allegations of battery. The case raised questions about hearsay evidence and its admissibility in probation revocation hearings.

Hearsay evidence, such as verbal testimony, can be admissible in probation revocation hearings if supported by non-hearsay evidence, like photos or videos. In this case, the defendant's girlfriend's testimony about the battery, along with the existing probation violation, led to the revocation of probation.

Probation terms and conditions in Broward County can vary depending on the specific case and court orders. Common probation conditions under Florida Statutes Section 948.03 include:

• Reporting to an assigned probation supervisor
• Prohibition from possessing, owning, or carrying firearms
• Restriction on using controlled substances unless prescribed by a medical doctor
• Avoidance of associations with other criminals
• Maintenance of employment or active job-seeking
• Staying within specified geographical limits ordered by the judge
• Commitment to avoiding any further criminal activities

It is essential to remember that probation is a privilege granted by a judge, not a right, and should never be taken lightly.

In Broward County, Florida, various levels of probation exist to suit different situations:

• Administrative Probation (Non-reporting): This type of probation typically implies "no contact" with a probation officer. It is often assigned to individuals deemed low-risk to the community. Some may transition to administrative probation if the first half of their probation term is satisfactory.
• Sex Offender Probation: This level involves intensive supervision, including electronic monitoring. A risk assessment by a qualified practitioner determines eligibility for sex offender probation.
• Drug Offender Probation: Drug offender probation emphasizes treatment for substance abuse issues throughout the probation period. Offenders receive individualized treatment plans, which are closely monitored by officers with limited caseloads.
• Community Control Probation (House Arrest): This is the most restrictive form of probation, requiring constant supervision, even during weekends and holidays. Offenders under house arrest must stay within specific community or residential areas.

If you violate probation in Broward County, your probation officer will prepare an affidavit, leading to the issuance of an arrest warrant. Typically, probation violators may be held without bond until their court date. Violating probation may result in facing the maximum penalties associated with the initial charge that led to probation.

Missing a probation appointment without prior notice triggers a violation hearing. You have the right to be represented by a probation violation attorney at this hearing. Representing yourself alone in court is not recommended. During the hearing, the judge considers various factors, including the reason for the missed appointment, your past probation record, and your probation officer's professional opinion.

If you or a loved one has been arrested for violating probation terms in Broward County, The Law Offices of Daniel Rosenberg can provide legal guidance and representation. Our experienced probation violation defense attorney will assess your case, explore possible defenses, and advocate for your rights. To protect your interests, contact us immediately at 954-829-1277 so that we can begin reviewing your case. Your future is at stake, and we are here to help you navigate this challenging situation.