If you’ve been placed on probation in Orlando and are being charged with a Violation of Probation or Violation of Community Control, you have the right to retain counsel. While on VOP or VOCC, if there are any reasonable grounds to believe the terms were violated, any law enforcement officer who is aware of the persons status can arrest or request a county officer to perform an arrest without a warrant and return the offender to the court granting probation or community control.
Often times, a probation officer who believes a violation has occurred will notify the court and a judge may issue a notice to appear or a warrant based on the facts being presented to him or her. Once an alleged violation is brought to the attention of the court, the offender will be given a first hearing where the court informs the individual of the violation.
What happens next is dependent on a number of factors including but not limited to:
- Whether or not a there is an admission of guilt
- The severity of the new violation
- Whether the crime was violent or non-violent
- The likelyhood of the probationer receiving a prison sanction for the violation
- Previous history of the individual
- The unique conditions of the probation or community control set by the court
From there, the court can decide to remand the person to pretrial detention pending a further decision, which may be to adjust the the conditions, or revoke the probation or community control. Under certain circumstances the court may detain the individual or release them with or without bail. Additionally, the court also has the authority to dismiss the charge of VOP or VOCC.
The probation and community control programs are designed to allow a person to remain in the community and the thought of being sentenced to incarceration can be daunting. Since the sentencing is dependent on evidence presented by the court, retaining the services of an expert legal professional greatly increases the chance of receiving a favorable verdict.
As each case is unique, receiving a free case evaluation at The Law Office Of Jerry Jenkins can provide you with the necessary information to take the best course of action. Securing proper legal representation will let you rest assured knowing that your case is being handled properly.
You can read more on probation violations here.