STANDARD OF REVIEW AND BOND
If you have been arrested for a violation of probation, the consequences can be severe. Unlike a normal criminal case, you do not have the right to present your case to a jury. Your case will be decided by a county court or circuit court judge. In addition, the violation does not have to be proven beyond a reasonable doubt but only by a “preponderance of the evidence,” which is a lesser standard. To make matters worse, many people who are charged with a violation of probation are held in jail without bond throughout the violation of probation case.
If you are found to have violated your probation, you can be sentenced to any amount of jail or prison time you originally faced on the underlying charge, less your credit for time served. In addition, if you are found in violation of probation and initially received a withhold of adjudication on the underlying charge, you will lose the withhold and become adjudicated of the offense. This means you can no longer answer that you were not “convicted” of the charge.
ORIGINATION OF A VOP
A Violation of Probation charge can originate in many ways, for example failure to attend counseling or picking up a new criminal charge would both trigger a violation of probation.
If you have been charged with a violation of probation, contact the experienced Florida Keys Criminal Defense Attorneys at the Law Office of Robertson & Hunter, LLP for a consultation regarding your violation of probation case today. If you are being held “no bond allowed,” we may be able to petition the Court to set a bond in your case.