Probation Violation Attorney – Fort Lauderdale | Broward County

A Probation Violation is Different

Fort Lauderdale Probation Violation Attorney

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Probation is not a right.  The rules for probation violations are different than a criminal case.  You do not have to be convicted of a new crime to have your probation revoked. The rules heavily favor the State.  We can help level the playing field.  Call (954)990-0525 to schedule a free consultation.

The Differences

A probation violation, sometimes referred to as a “vop” or “violation of probation”, is not the same as a new criminal charge. There are important differences between a criminal charge and a probation violation.  The first difference that you are likely to discover is that there is typically no bail for a probation violation.

Fast, Effective Resolution

If you have been arrested for a violation of probation, you will probably not be released from custody until the violation is resolved.  Probation violations have a disproportionately negative impact on your personal relationships and employment because bail is typically not available.  You need the best resolution possible and you need it as quickly as possible so you can get back to your normal life.

How is a Probation Violation Different?

Technical Violation of Probation v. Substantial Violation of Probation

A probation violation does not have to be a new criminal charge.  You agree to abide by the rules of probation when you agree to go on probation. A violation of the rules of probation without a new criminal charge is called a “technical violation of probation.”  A new criminal charge while on probation is called a “substantial violation of probation.”

The Hearing

The State must prove that you violated your probation before your probation can be modified or revoked.  It is a lot easier to have your probation revoked than to be convicted.  The State is held to a different burden of proof in a violation of probation hearing.  In a criminal case, the State must prove your guilt beyond a reasonable doubt. In a violation of probation hearing, the State must prove that you committed a willful and substantial violation of the terms of your probation with enough evidence to “satisfy the conscious of the court.”  This is a subjective standard and many judges use a preponderance of the evidence standard.

You are not entitled to a jury in a violation of probation hearing. The case will only be heard by a judge. You do not have a right to a speedy trial for a violation of probation. Discovery, the process of exchanging information between the prosecution & defense, is very limited.

How We Can Help You

Criminal attorney, Michael Dye, has represented hundreds of individuals in violation of probation proceedings.  Mr. Dye has successfully resolved probation violations by plea and, when an agreement cannot be reached, by hearing. Mr. Dye has substantial resources and contacts in the recovery community and has been able to facilitate drug and/or alcohol treatment as opposed to incarceration.

Call probation violation attorney Michael Dye at (954)990-0525 to schedule a free consultation.