| ORLANDO CRIMINAL DEFENSE LAWYERS AND DUI ATTORNEYS |
For more information about some of the criminal charges we provide representation on,
please visit the links below:
please visit the links below:
| The hiring of an attorney is an important decision which should not be based solely on advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. We invite you to contact us to speak with an Orlando DUI Lawyer at your earliest convenience to schedule a consultation. |
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affects your individual situation, your options, and the
costs of representation should you decide to retain us.
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809 Irma Avenue Suite 2
Orlando, Florida 32803
Tel: (407) 648-5255
Orlando, Florida 32803
Tel: (407) 648-5255
PROBATION VIOLATION INFORMATION:
Probation violations are one of the more difficult areas to defend
because of the lower burden of proof necessary and lack of a jury trial.
Many people who are alleged to have violated their probation have
defenses available in their case though. Before you admit to a
violation of probation, speak to a criminal defense attorney about your
individual case.
At our Orlando law firm, we've handle hundreds of cases involving
probation violations. Call us today at (407) 648-5255 for a Free Case
Review of your individual situation.
The following section provides some basic information about Probation Violations:
There are several significant differences that occur when an individual faces a probation violation
hearing as opposed to a trial on their original case. The following are the most notable:
Lower Standard of Proof - In a probation hearing the standard of proof to show that an individual
has violated their probation is not "beyond a reasonable doubt," but is significantly lower with the
States burden of proof being only by a "preponderance of the evidence."
No Entitlement to a Jury Trial - Probation hearings are not tried before a jury of your peers; they
are bench trials with the outcome being decided by the judge.
Hearsay is Allowed - While a violation of probation can not solely be based on hearsay testimony,
unlike the resolution of the original case through a trial, in a probation hearing, hearsay is allowed
to be presented.
Probationer can be Called to Testify by the State - In the original case the State could not call the
defendant to testify, however, at a probation hearing the State can call a defendant on probation to
testify as to technical (NOT substantive) matters.
In addition to these significant differences, many times the violation of probation warrants
themselves provide for no bond, and the probationer has to remain in custody until the resolution
of the probation violation. Motions for bond can be filed on behalf of a probationer though.
A person who is found to be in violation of probation faces a possible sentence of up to the original
maximum allowed for the crime. While a probation violation is generally more difficult to defend
against because of the lower standards of proof, there are several aspects that can be explored in
these cases including:
Call us today at (407) 648-5255 to speak directly with an Orlando Criminal Defense Attorney about
your individual situation.
Probation violations are one of the more difficult areas to defend
because of the lower burden of proof necessary and lack of a jury trial.
Many people who are alleged to have violated their probation have
defenses available in their case though. Before you admit to a
violation of probation, speak to a criminal defense attorney about your
individual case.
At our Orlando law firm, we've handle hundreds of cases involving
probation violations. Call us today at (407) 648-5255 for a Free Case
Review of your individual situation.
The following section provides some basic information about Probation Violations:
There are several significant differences that occur when an individual faces a probation violation
hearing as opposed to a trial on their original case. The following are the most notable:
Lower Standard of Proof - In a probation hearing the standard of proof to show that an individual
has violated their probation is not "beyond a reasonable doubt," but is significantly lower with the
States burden of proof being only by a "preponderance of the evidence."
No Entitlement to a Jury Trial - Probation hearings are not tried before a jury of your peers; they
are bench trials with the outcome being decided by the judge.
Hearsay is Allowed - While a violation of probation can not solely be based on hearsay testimony,
unlike the resolution of the original case through a trial, in a probation hearing, hearsay is allowed
to be presented.
Probationer can be Called to Testify by the State - In the original case the State could not call the
defendant to testify, however, at a probation hearing the State can call a defendant on probation to
testify as to technical (NOT substantive) matters.
In addition to these significant differences, many times the violation of probation warrants
themselves provide for no bond, and the probationer has to remain in custody until the resolution
of the probation violation. Motions for bond can be filed on behalf of a probationer though.
A person who is found to be in violation of probation faces a possible sentence of up to the original
maximum allowed for the crime. While a probation violation is generally more difficult to defend
against because of the lower standards of proof, there are several aspects that can be explored in
these cases including:
- Whether or not the violation was willful.
- Whether the court still retains jurisdiction over the probationer.
- Whether the plea colloquey was properly conducted when the individual was originally
sentenced. - Whether or not the probationer had counsel when he entered into the plea to probation.
- Whether the affidavit of violation of probation is properly prepared.
- Whether the evidence to be presented meets the standard of proof necessary to violate the
probationer.
Call us today at (407) 648-5255 to speak directly with an Orlando Criminal Defense Attorney about
your individual situation.
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