Violation Probation: What Does it Mean?
September 11, 2012 By The Law Office of James Davis, P.A.
Probation violation can be a very serious charge. It is crucial for an individual to understand what they may be facing should you be found guilty of these charges. The Bottom Line - Probation is when someone has been granted the permission to have a “babysitter” type of person watch over them while they conduct their daily life in order to avoid imprisonment.
Probation is a great way for someone that has committed a crime to avoid spending actual time in jail, or to find out a way to be released early with a time of probation linked with the early release.
Probation violation comes in two forms a technical violation or a substantive violation.
Technical violations this is when a person violates a rule of their probation. Generally someone missed an appointment with a parole office or traveled outside of their allotted geographic region without permission. A technical violation is when any restriction is broken.
Substantive violations this is when a person commits a new crime which in turn is a violation of their probation. A rule that is pretty universal when it comes to probation is that you cannot get into any new legal trouble. These violations are referred to as a VOP, violation of parole.
Charges for Violating Parole
A criminal trial and a VOP trail are dramatically different. You must go before a judge for a VOP charge. The judge will then decide your fate. You do not have the right to request a jury trial. You also may be required to testify against yourself who could be detrimental to your case. Hearsay is inadmissible in a criminal trial, but can be used during a VOP trial. The state just has to make its case, but does not have to prove it beyond a reasonable doubt.
The judge will need to way the evidence to see if a violation has occurred, if they believe that it has they will issue an arrest warrant. More often than not the violator will be required to remain in jail until the court can hear the case.
Even if you know that you may be looking at a parole violation it is crucial for you to continue to meet with your probation officer and follow all of your current probation requirements. This shows that you are making an effort and might lead the judge to permit you a second chance with your parole.
A guilty verdict on a VOP charge can be very serious. Not taking into consideration any new charges that you may be facing the judge is permitted to issue the maximum jail sentence for your original crime. There are other options that the judge could select in place of jail time, but it will be important for your case to be pleaded properly in order for a person to receive one of the less severe punishments. The judge has the ability to give the offender a 2nd chance at their parole, modify their parole and make more strict guidelines, or they could revoke their parole.
Facing VOP charges can be an extremely tricky situation. There are a lot of rules, regulations, and laws that come into play and it is much more difficult to plead a case against them. It is important for any person that may be facing VOP charges to hire a strongly qualified legal attorney. Even if you are guilty of a VOP a skilled attorney will be able to work with the courts in order to ensure that the minimum jail sentence is awarded. The attorney will also be able to advise on the steps that should be taken in order to help provide better support for your case.
ABOUT THE AUTHOR: James Davis
Mr. Davis entered private practice with a small firm and began practicing criminal defense immediately after graduation. Mr. Davis is licensed to practice law in the State of Florida and in Federal Court. Since 1999, Mr. Davis has successfully defended thousands of clients charged with drug offenses, robberies, burglaries, sexual offenses, economic crimes, and DUI's.
Copyright The Law Office of James Davis, P.A.
More information about The Law Office of James Davis, P.A.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Probation violation comes in two forms a technical violation or a substantive violation.
Technical violations this is when a person violates a rule of their probation. Generally someone missed an appointment with a parole office or traveled outside of their allotted geographic region without permission. A technical violation is when any restriction is broken.
Substantive violations this is when a person commits a new crime which in turn is a violation of their probation. A rule that is pretty universal when it comes to probation is that you cannot get into any new legal trouble. These violations are referred to as a VOP, violation of parole.
Charges for Violating Parole
A criminal trial and a VOP trail are dramatically different. You must go before a judge for a VOP charge. The judge will then decide your fate. You do not have the right to request a jury trial. You also may be required to testify against yourself who could be detrimental to your case. Hearsay is inadmissible in a criminal trial, but can be used during a VOP trial. The state just has to make its case, but does not have to prove it beyond a reasonable doubt.
The judge will need to way the evidence to see if a violation has occurred, if they believe that it has they will issue an arrest warrant. More often than not the violator will be required to remain in jail until the court can hear the case.
Even if you know that you may be looking at a parole violation it is crucial for you to continue to meet with your probation officer and follow all of your current probation requirements. This shows that you are making an effort and might lead the judge to permit you a second chance with your parole.
A guilty verdict on a VOP charge can be very serious. Not taking into consideration any new charges that you may be facing the judge is permitted to issue the maximum jail sentence for your original crime. There are other options that the judge could select in place of jail time, but it will be important for your case to be pleaded properly in order for a person to receive one of the less severe punishments. The judge has the ability to give the offender a 2nd chance at their parole, modify their parole and make more strict guidelines, or they could revoke their parole.
Facing VOP charges can be an extremely tricky situation. There are a lot of rules, regulations, and laws that come into play and it is much more difficult to plead a case against them. It is important for any person that may be facing VOP charges to hire a strongly qualified legal attorney. Even if you are guilty of a VOP a skilled attorney will be able to work with the courts in order to ensure that the minimum jail sentence is awarded. The attorney will also be able to advise on the steps that should be taken in order to help provide better support for your case.
ABOUT THE AUTHOR: James Davis
Mr. Davis entered private practice with a small firm and began practicing criminal defense immediately after graduation. Mr. Davis is licensed to practice law in the State of Florida and in Federal Court. Since 1999, Mr. Davis has successfully defended thousands of clients charged with drug offenses, robberies, burglaries, sexual offenses, economic crimes, and DUI's.
Copyright The Law Office of James Davis, P.A.
More information about The Law Office of James Davis, P.A.
View all articles published by The Law Office of James Davis, P.A.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
