Fort Lauderdale Probation Violation Attorney

Fort Lauderdale Probation Violation Attorney

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Fort Lauderdale Probation Violation Attorney, Michael Dye, has handled over 100 probation violation matters.  Mr. Dye has successfully defended many alleged violations of probation.  Mr. Dye has had probation cases dismissed due to the probation officer’s failure to follow proper procedure, untimely filings and lack of due process.  Mr. Dye has taken multiple probation violations to a final hearing including a 40 count violation resulting in a 3 day hearing.  The result being that the Defendant was found responsible of 3 minor violations and released from custody.  Call Mr. Dye now at (954)990-0525.

A probation violation is different.  Here is how:

1) You do not have a right to be on probation.

However, before you can have your probation revoked, the court must find that you are responsible for a willful and substantial probation violation.  You must be given notice of the specific acts that the state alleges violated your probation.  Additionally, a hearing must be held in where you have the opportunity to cross examine witnesses, call witness, testify and introduce evidence in your own defense.

2) Different Rules

If you are accused of a probation violation, your case heard by a Judge, not a jury.  Although you had a right to a speedy trial, you do not have a right to a speedy probation violation hearing.  The rules of evidence are “relaxed” and hearsay is permitted in probation violation hearings.  Although, a person may not be found responsible based on hearsay alone.

3) Different Burden of Proof

The State must present evidence that you 1) willfully and 2) substantially violated the terms of your probation in order for you to be found responsible.  The standard of proof required is significantly less than the “beyond a reasonable doubt” case in criminal proceedings.  The State only needs to present enough evidence “to satisfy the conscious of the court.”  Simply put, the State only has to give the Judge enough evidence to believe that you willfully and substantially committed a probation violation.

4) Different Defenses

There are defenses to a probation violation.  Generally, the defense goes towards the willfulness or whether it was a substantial, as opposed to technical, probation violation.  The willfulness of a probation violation is typically a defense used when payment of fines, costs or restitution is the grounds for the violation.  You cannot be found responsible for a probation violation if you lack the ability to comply.

5) Different Sentencing Options

The judge has many different sentencing options in probation violation hearings.  The Judge can reinstate probation, modify probation, terminate probation or revoke probation and sentence the defendant to a period of incarceration.  Additionally, the Judge can combined two or more of the above options.

Call now to speak to an experienced probation violation attorney. (954)990-0525