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Criminal Defense

VIOLATION OF PROBATION

Facing a probation violation charge can be a daunting experience. Whether you’re on probation for a previous offense or recently placed on probation, allegations of non-compliance can have serious repercussions. With more than 33 years as a criminal defense attorney, the law office of Frank P. Bianco, P.A. has the expertise and knowledge to defend your rights and guide you through the legal process.

UNDERSTANDING VIOLATIONS OF PROBATION

Probation is legally considered a privilege that allows individuals found guilty of a crime to avoid jail by performing certain conditions. Where they live while remaining in the community rather than being incarcerated, can also be restricted. Violating the terms of probation can have serious consequences, including jail time, additional fines, and extended probation periods and conditions.

COMMON TYPES OF PROBATION VIOLATIONS

1. Failure to Report:
Failing to report to a probation officer as scheduled is a common violation. Attending regular meetings with your probation officer is a crucial aspect of probation.

2. Positive Drug or Alcohol Test:
If your probation terms require you to stay drug or alcohol-free, testing positive for prohibited substances results in a violation.

3. Travel Restrictions:
Probation often comes with restrictions on traveling outside of a designated area without permission or having a curfew. Violating these restrictions can lead to legal consequences, including jail.

4. Failure to Pay Fines or Restitution:
Not meeting financial obligations, such as fines or restitution to victims, can be considered a violation when such delinquency was the probationer not placing those obligations first.

5. Committing New Offenses:
Being charged with or convicted of a new crime while on probation is a significant violation that can result in enhanced penalties.

WHAT TO DO IF YOU’RE FACING A PROBATION VIOLATION

If you’ve been accused of violating your probation, it’s crucial to take the situation seriously.

Here’s what you should consider doing:

1. Contact Your Probation Officer: If you believe there has been a misunderstanding or if you’re facing challenges meeting the terms, communicate with your probation officer prior to violation.

2. Seek Legal Representation: A probation violation can have serious consequences. It’s important to consult with an experienced attorney who can provide guidance tailored to your situation.

3. Gather Documentation: Collect any evidence that supports your compliance with probation terms. This could include records of completed community service, required classes, or other relevant documentation.

4. Understand Your Rights: You have the right to a hearing before any decisions about your probation are made. However, you do not have a right to a reasonable bond. An attorney can help you understand your rights and navigate the legal process.

If you’re facing a probation violation charge, time is of the essence. Contact the law office of Frank P. Bianco, P.A. today for a free initial consultation. We will discuss your case, your concerns, and the best strategies for your defense. Your future is important to us, and we are dedicated to protecting your rights and helping you move forward.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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