Violation of Probation

Violation of Probation (VOP)

Broward County Violation of Probation Lawyer

Finding out that your probation, parole or community control is a very scary thing.  Many times people are held in the County jail "no bond" while their violation case is being decided by the courts.  If you are on probation or community control and believe that you have been or are about to be facing a probation violation, it is crucial that you retain an aggressive and experienced criminal defense lawyer because your freedom is at stake.  The first priority when Quinn Law, P.A. handles a violation of probation case is to seek a release on bond or recognizance so you can remain free while your case is pending.  Once your probation officer files a violation of probation affidavit, an arrest warrant will be issued for you and you will be given a court date.  It is essential that you retain an experienced violation of probation attorney before this occurs.  If your probation is violated you can receive the maximum sentence that you could have for the crime which you were originally charged with so the stakes are very high.  Broward County Violation of Probation lawyer Antonio D. Quinn, Esq. has handled probation violation all types of violation of probation matters and he will put his experience and knowledge to work for you.

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Violation of Probation in Florida

As opposed to requiring a finding of guilt beyond a reasonable doubt, the evidence need only satisfy the court's conscience that you violated probation.  However, before your probation can be violated, the State must prove that you willfully violated probation and that the violation was "substantial". 

The Violation of Probation Affidavit

The affidavit is the charging document in a VOP case the same way that an information or indictment serves as the charging document in the case of a new law violation.  It is a violation of an individual's due process rights for the court to revoke probation based upon allegations which are not contained in the charging affidavit.  Additionally, the basis alleged violation of probation must have occurred after the time that the individual was placed on probation by the court. 

Bond in VOP cases

Most people who are charged with a felony VOP are not granted bond by the magistrate court and are instead held at the main jail until their case can be heard by the court.  Despite this, VOP defense lawyer Antonio Quinn can still set the matter down for an earlier hearing where bond can be requested.

Defendant Testifying in VOP Cases

At a violation of probation hearing, a person is not protected by the 5th Amendment.  If a person refuses to answer a question then the judge can use their silence to infer that a violation of probation occurred.

Search and Seizure

The Florida Supreme Court has stated that the exclusionary rule is applicable to VOP hearings and that any evidence gathered in violation of a probationer's Constitutionally protected rights will be excluded from an evidentiary hearing, however a person on probation is not afforded all of the same Constitutional rights as an ordinary citizen.  Unlike an ordinary citizen, when a person is on probation, their probation officer can insist that they submit to reasonable searches of their home, person or property without the requirement of first obtaining a warrant.  Anything discovered during such a search can be admissible in a violation of probation hearing. 

Early Termination

Antonio D. Quinn, Esq. represents individuals who would like to petition the court for early termination of their probation.  Most people qualify for early termination after one half of their original sentence has been served.  Early termination is never self-executing meaning that a person must always motion the court through their attorney for early termination of their probation. 

To schedule a case evaluation with an aggressive and experienced violation of probation defense attorney, contact Quinn Law, P.A. at (954) 463-0440.

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