Section 948.06, F.S., provides procedures regarding a violation of the terms and conditions required of a person on probation. After the probation officer alleges a violation, then the probationer is arrested. A first appearance occurs within 24 hours of the arrest. If a warrant was issued on the VOP, then the court at first appearance will typically schedule the case back before the sentencing court.
At the first hearing on the violation in front of the sentencing court, the probationer is advised of the charge. At that time, the person can either admit or deny the violation. Having an attorney at every stage of the case is important so that your rights can be protected and you can fight for the best possible outcome in the case.
If you were accused of violating the terms of your probation or community control in Palm Beach County, FL, then contact an experienced criminal defense attorney in West Palm Beach County. Our attorneys represent clients in both felony and misdemeanor cases. We help clients accused of substantive or technical violations.
Our criminal defense attorneys represent people in Palm Beach County, including West Palm Beach, Boynton Beach, Delray Beach, Boca Raton, Royal Palm Beach, Jupiter, Belle Glade, Palm Beach Gardens, Greenacres, Juno Beach and Wellington. Our VOP defense attorneys also represent clients in Broward County and Miami-Dade County.
Call (561) 557-8686 today to discuss your case.
As provided in Section 948.06(2)(a), if the probationer admits the charge, the court may immediately revoke, modify, or continue the probation or place the probationer into a community control program. As explained in s. 948.06(2)(c), F.S., if the probationer denies having violated the terms of the probation, the court may do any of the following:
If the probation violation is not dismissed, then the court must conduct a hearing and determine whether the probationer has violated the terms of his or her probation.
As required in section 948.06(2)(d), F.S., if the court finds that the probationer has violated, the court may immediately revoke, modify, or continue the probation or place the probationer into a community control program. If the court revokes probation, then the court must adjudicate the probationer guilty of the underlying offense unless the probationer was previously adjudicated guilty.
The court may then impose any sentence that it might have originally imposed for the offense for which the probationer was placed on probation or into community control.
Contact an experienced criminal defense attorney at Meltzer & Bell, P.A.. Our attorneys can represent you at any hearing in your violation of probation case in West Palm Beach in Palm Beach County or Fort Lauderdale in Broward County, FL.
Let us help you at every stage of the case from the initial accusation, the arrest procedures, the first appearance hearing and the final hearing.
Call (561) 557-8686 today to find out more about the allegations, procedures in VOP cases, and important defenses to the charges for your VOP hearing. Don't face the judge alone. Our experienced violation of probation attorneys in West Palm Beach, FL, can help.
This article was last updated on Friday, November 10, 2016.