Criminal
Defense Attorney for Pinellas, Hillsborough, & Pasco Violations
of Probation
 If
you are on probation or community control, your probation
officer may accuse you of violating your probation. When a
violation of probation occurs, there may be a warrant filed
for your arrest, or you may be called to appear in court.
Since violations of probation carry significant penalties
in the Tampa Bay area, a Criminal Defense Lawyer can help
you understand the probation violation and what your rights
are in Pinellas, Hillsborough, and Pasco Circuit Criminal
Court.
Former
prosecutor and current Florida Criminal
Defense Attorney Charles Holloway, P.A., has decades of
experience assisting clients throughout the state of Florida
with parole violation charges. Charles Holloway will be glad
to meet with you in his Clearwater, Tampa, or St. Petersburg
office to review the many details that may affect a violation
of probation.
The
first topic to discuss with your Attorney is the basis of
your violation. There are several reasons why your probation
officer may accuse you of violating your probation. It may
be that you violated by breaking a “technical” term or condition,
or it may be that you violated by committing a new crime.
In some instances, you may be accused of both. Of the two,
a “technical” violation is considered the least serious and
may be subject to lighter punishment by the court. Examples
of “technical” violations include changing your residence
without prior approval, failing to pay fines or restitution,
or failing to report for regularly scheduled visits with your
probation officer or for counseling.
If
you are accused of a “technical” violation, your probation
officer may choose to warn you instead of filing an arrest
warrant. Some misdemeanor probation officers (with the Salvation
Army) will give you a notice to appear for court without filing
a warrant for your arrest. However, all Florida probation
officers have the authority to officially violate your probation
and file a warrant, if they so choose.
You
may be concerned that you will be arrested at your next appointment
with your probation officer. While that is possible, it is
extremely rare. It is normal procedure for your probation
officer to file a violation affidavit and a warrant for your
arrest. This is forwarded to a judge for his signature and
then to the sheriff’s department for service and arrest.
When
a warrant is issued for your arrest, it may include an amount
of money which can be paid for your release on bond. On misdemeanor
warrants, a bond amount is usually listed. However, it is
common practice to issue felony warrants with “no bond” assigned.
This means that when you are arrested and booked, you cannot
pay a bond to be released. You will have to wait in jail until
a judge decides whether or not to set a bond.
An
Attorney can help in several ways. When there is a bond, he
can help arrange your surrender to the jail. And when there
is no bond, as in a felony violation, he can help arrange
your surrender to the court, and ask the court to set a bond
for your release. An Attorney can also work to keep law enforcement
from actively seeking you on the warrant, once you have made
a commitment to surrender.
A
Criminal Defense Lawyer can also investigate, negotiate and
litigate the violation charge to your best advantage; preparing
the case for trial at an evidentiary hearing, if needed. However,
violations are often settled by plea bargain without the need
to face the risk and uncertainty of trial. In this event,
a Criminal Defense Attorney’s advice can help prepare you
to present the most positive image to the court, thereby maximizing
your potential for a successful settlement.
With
his main office in Clearwater, Criminal
Defense Attorney Charles Holloway, P.A., can represent
you for any Florida probation violation. Please call (727)
446-8303 to schedule a free initial consultation about your
violation of probation case. We have other convenient office
locations in Tampa and St. Petersburg.
Phone: (727) 446-8303
E-Mail: Holloway@PinellasDUI.com
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