Criminal Defense Attorney in Clearwater Representing Clients for Pinellas, Hillsborough & Pasco Violations of Probation
If you are on probation or community control in Clearwater or elsewhere in the area, 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 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.
Phone: (727) 446-8303