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Is a Violation of Probation Considered a Felony in Fort Myers, Florida

8/28/2019
In Fort Myers, offenders may sometimes be granted with probation or a temporary release from detention but subject to the supervision of a probationary officer during the period of good behavior.

In Fort Myers, Florida, offenders may sometimes be granted with probation or a temporary release from detention but subject to the supervision of a probationary officer during the period of good behavior.



Basically, petty charges that are deemed not a  threat to the society are subjected to probation such as driving under the influence (DUI) and driving while intoxicated (DWI). The charges require the court to place the offender on probation upon conviction. This approach is the procedure of the judicial system to monitor the good behavior of the offender. 



Under the purview of the violation of the terms and conditions of the probation, the court incarcerates the offender and imposes the maximum penalty for the felony charge. Under the law of Fort Myers, Florida, this is a second-degree felony that carries a maximum sentence in state prison. If the offender violates his probation, a judge would sentence him to the maximum imprisonment penalty even if the latter enter a plea bargain that imposed a lesser sentence. 



The release on probation is difficult but this is better than being imprisoned. To this effect, the following are examples of probation violations: 


·        Failure to pay a court-ordered fine

·        Failure to appear in court

·        Failure to check in with probation officer

·        Failure to complete court-ordered community service

·        Drug or alcohol abuse

·        An arrest for a new offense



The probation violation is usually not bailable but if a person has been arrested for a new offense during his probation period, there is a tendency that the court may impose a bail but may also reverse it based on its discretion after the determination of the facts of the case.  



The probation violation is just as serious as the original charge that effected to probation. This is due to the fact that the potential sentence is the same as the original one. However, every violation of probation must be willful and substantial for the offender to be sentenced to jail.  



 Types of Violations of Probation


Technical violation: A technical violation of probation is where the probationer or offender fails to comply with the general conditions imposed by the court and specified in the probation order.


Substantive Violation: A substantive violation is incurred when a probationer is arrested for a new law violation. Sometimes. If the offender is charged with a new law violation while on probation. 


If the offender is arrested for a violation of probation, he is not entitled to a bond, unlike when he is being arrested for a new charge. The judge has the discretion to give the probationer offender a bond on the violation of probation but the former does not usually extend one. As a result, the latter should wait until the completion of the determination of the case. 



Upon the commission of the violation of probation, the probation officer should report the incident to the court and the latter will thereafter issue a warrant of arrest to be served to the offender. By the time the warrant is issued, the offender is taken into custody for the violation of probation arraignment. A plea will thereafter be entered by the offender for the commission of the felony at this stage. 



It is the state’s burden to prove that the offender violated the probation before the judge without the presence of the jury. Moreover, the guilt or innocence of the offender on the original offense is not in any way be utilized for the determination of the recent case. 



If you are looking for a probation violation attorney Fort Myers and/or a criminal defense attorney you may contact Peter M. Dennis P.A. or you may visit this website page for more information https://www.peterdennislaw.com/criminal-defense/



For your needs about probation violation, criminal defense, probation violation attorney, probation violation lawyer, probation violation Fort Myers, probation violation Cape Coral, probation violation Lehigh Acres or for a free consultation, you may contact us at the telephone number (239) 800-0399 or you may email us through this website page https://www.peterdennislaw.com/contact/



Our service areas cover Fort Myers, Cape Coral, and Lehigh Acres, FL and we offer 24/7 assistance and free initial consultation. 



Summary:

If you violated the terms and conditions of your probation, you may contact us immediately before the issuance of the warrant for us to promptly facilitate the issuance of a corresponding bail bond. To this end, we may offer the completion of the condition of probation that is alleged to have been violated.

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Business details
  • +1 (239) 800-0399
  • 1533 Hendry Street 300 Fort Myers, FL 33901
If you need representation and guidance for your DUI, personal injury, civil or criminal case in Fort Myers, FL, contact the experienced litigation team at Peter M. Dennis P. A.
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