What Happens When You Violate Probation | New Port Richey
It’s Not The Same As a Misdemeanor or Felony
Violating probation is a serious matter. If you are caught doing this, you are essentially violating a sentencing from a judge. This falls under a different set of laws than being arrested for a crime, as you will not be afforded the same rights under these circumstances:
- There will be no trial by a jury of your peers
- You will have no right to remain silent and will be required to answer all questions
- There may be no bond offered – you may have to wait in jail until your case is heard, which can take anywhere from 30-90 days
- There is no requirement to prove “beyond a reasonable doubt” that you’ve violated probation
What does probation entail?
When you’re on probation, there are some limitations applied to how your day-to-day life works. There are times when you may be subjected to a urine test to see if you’ve been using drugs or drinking alcohol. You may be required to obey a curfew, which demands that you are not outside after a certain hour.
Your movements will be limited and you will not be allowed to leave the county for any reason without permission. Your probation officer will be the gatekeeper to many of your requests. If for any reason you have an encounter with a police officer, you must report this incident to your assigned probation officer.
How can Frank P. Bianco, P.A. Help?
We will make sure that our clients have a thorough understanding of what probation means and help them take steps to avoid any violations. Additionally, if your probation officer isn’t allowing certain actions or movements, we can file motions to possibly amend your probation limitations. The burden of proof that you’ve violated probation is on the state. We will work with you to craft the most viable defense so you can avoid jail time.