Probation Violations Require Knowledgeable Defense
Fulfilling the terms of your probation is very important. If you did not take your probation terms seriously and violated your probation, defense attorney Mark Anthony Gager can help minimize the damage.
For a free consultation, call (321) 724-5600 or e-mail our firm. We represent out-of-state clients and tourists convicted in Florida, as well as Florida residents.
Important Facts about Probation Violations
Since probation has allowed you to avoid incarceration or other more harsh punishment, a violation will most certainly result in an increased consequence. If you violate the terms of your probation, you have no right to bond and will sit in jail.
The state does not have to prove your probation violation beyond a reasonable doubt, only through a preponderance of evidence. Since this standard of proof is much easier to meet, it is often better to negotiate with the prosecutor than to proceed to court.
Defense lawyer Mark Anthony Gager has an excellent rapport with parole and probation officers and prosecutors. Our firm moves quickly in defense of probation violators to control the effects. We strive to acquit our clients of the probation violation, or negotiate probation reinstatement instead of jail time when possible.
Forms of Probation
1. Probation supervised by the state or the county depending on whether crime is misdemeanor or felony
2. Community control or “house arrest”, which often includes electronic monitoring
The forms of probation are important in understanding what consequences probation violations will carry. We work with clients who failed to complete or violated terms of their probation through:
- Moving without permission
- Committing a new crime
- Failure to go to mandatory classes
- Failure to complete rehab or drug counseling
- Tampering with electronic monitoring device
- Being somewhere other than work/school or home when on house arrest
The Objective of Probation
Probation is an alternative to prison, and it is a way for a judge to give you the chance to rehabilitate. The levels of punishment for criminal convictions can be described as the Three Rs and a D:
- Rehabilitation: This is the primary goal of the criminal justice system and involves rehabilitating offenders and helping them be positive influences on society
- Restraint: Involves removing offenders from society and supervising them to reduce chance of committing a new crime
- Retribution: Involves a prison sentence that is exacted revenge by the state
- Deterrence: This means the punishment is so sever it is intended to deter people from committing a crime.
The severity of your crime determines which "R" you get. Probation allows you to avoid incarceration, but a probation violation will almost certainly result in a more severe "R" such as retribution and a prison sentence.
For more information about probation violations and how we can help, call the law office of Mark Anthony Gager, P.A. at (321) 724-5600 or e-mail our firm.
