When probation is violated, a procedure for arrest is generally initiated by the supervising officer. At this point a bond hearing may be scheduled, although you may not be given a bond right away. This is when you may want to have your lawyer file a motion for a bond on your behalf so that he/she can compel the judge to release you from jail with bond.
Defending Violation of Probation in Orlando & Central FloridaUnlike many other criminal offenses, defending probation violation is difficult due to the fact that unlike at trial, the burden of proof is set much lower. Individuals who are placed on probation and who violate the conditions do not have a legal right to a jury trial. A judge will hear your case, then decide whether you will face the original punishment you would have faced had you not been awarded probation. This is why it is critical to have a skilled Orlando probation violation lawyer in your corner.
The judge ultimately determines what punishment you will face if the prosecutor is able to demonstrate that you did violate probation. The judge may determine that your probation will continue, be modified, or revoked. If probation is revoked, you are essentially then guilty of the crime you were initially charged with. You must have a qualified defense attorney during a violation hearing in order to reach the best possible outcome.
Contact Adams, Luka, & Benton NowProbation violations often occur as a result of technicalities or a misunderstanding. Those arrested on new charges may find that it compromises probation; you may have missed a community service requirement, or failed to report to your probation officer. However, even those who are on probation have legal rights. Even if you did violate probation, particularly if the violation is considered "technical," it does not necessarily mean that you cannot continue on probation rather than facing harsh criminal penalties. At Adams, Luka, & Benton, we are on your side and work aggressively to help you avoid further punishment. Contact us today for a free consultation at (407) 872-0307 or (352) 787-2101.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.