Violation of Probation
The criminal offense of “Violation of Probation” (VOP) is taken very seriously by Florida courts and can result in probation being revoked. Depending on the underlying conviction, this can send a defendant back to prison for a very long time—sometimes based on little more than a failure to comply with a technical requirement. I am William Wallshein, and I am a Palm Beach Gardens probation violation lawyer with over 29 years of experience in the Florida criminal courts. Over the years I have successfully represented many of my clients at VOP hearings. As a former state prosecutor, I have the advantage of experience and knowledge developed from the perspective of the prosecution, and I know what it takes to effectively represent my clients at VOP hearings.Aggressively Defending Against the Revocation of Probation
As your attorney, my goal is to do everything I can to prevent your probation from being revoked if it is in danger. There are two types of violations that the prosecution may allege in this context:
Technical Violation: A technical violation of probation is merely the failure to comply with one of the court’s orders. For example, if a defendant failed to show up for an appointment with his or her probation officer, or failed to pay a fine, that would be a “technical” violation.
New Offense Violation: A probationer may also be charged with VOP for committing a new offense while on probation. The new offense does not need to be related to the original conviction in order for probation to be revoked; the prosecution may file VOP charges for almost any new offense.
In either case, the potential result is the same: the revocation on your probation. If you chose to have me represent you, I will fight for you and do everything I can to keep you on probation, whether the alleged violation is a technical one or a new offense.Punishments for Violation of Probation
The punishments for those found to have violated their probation can vary drastically depending on what the initial criminal conviction was for, and whether the violation was technical or for a new offense. The judge has a lot of discretion when determining whether the original sentence will be imposed, whether a defendant will be able to remain on probation with additional requirements, or be subject to some other penalty. As such, it is very important to appear in the best possible light in front of the judge.How Can I Help You Fight Your Violation of Probation Charges?
If you have been charged with violating your probation, you may do more harm than good by trying to resolve the situation on your own. In Florida, those charged with violating the terms of their probation do not have the right to a trial by jury; the judge need only find that the offense was committed by a “preponderance of the evidence,” which is an easier standard to meet than the “beyond a reasonable doubt” standard that applies at most criminal trials.
This means that it is critically important for you secure the assistance of an experienced criminal defense attorney. I can help in the following ways:
- Violation of Probation Hearing: If you have been arrested and are currently incarcerated, I will work to get you out of jail as quickly as possible. Once at the hearing, I will do everything possible to minimize the affect the charges have on your life.
- Bond Hearing: I am always available for my clients. I will negotiate with the prosecution and the court to secure your release on as little a bond as possible, and possibly on your own recognizance. I have honed my negotiation skills over my career and know how to effectively represent your interests to the prosecution.
If you have been charged with violation of probation, contact me online me as soon as possible, or call 561-533-1221. I am a dedicated Palm Beach Gardens criminal defense attorney with over 29 years of experience in the Florida criminal justice system. As a former prosecutor, I have seen violation of probation cases from both sides and know what it takes to get my clients the best result. I am available to meet with you in my office in Palm Beach Gardens, or at my second location in West Palm Beach; both offices are conveniently located off of I-95. I accept payment by credit card.