In many cases in which a defendant is convicted of a sex crime, he or she will be sentenced to probation rather than imprisonment. If a person violates the terms of his or her probation, however, it can result in a revocation of probation. If the State seeks to revoke…
Articles Posted in Probation Violation
Florida Court Discusses Due Process in Probation Violation Proceedings
Individuals charged with a crime in Clearwater have a right to due process under the state and federal constitutions. Due process includes the right to be adequately informed of the basis of any crimes or violations with which a defendant is charged. The right to due process does not end…
Florida Court Upholds a Juvenile’s Sentence of 100 Days of Detainment Following Probation Violations
Under Florida law, juvenile defendants are subject to a different set of rules and standards than adult defendants in the criminal court system. For example, if a juvenile defendant is found to be in violation of a court order, the law allows the defendant to be sentenced to detainment in…
Court Rules a Judge can Consider an Arrest Without a Conviction During a Florida Community Control Revocation Hearing
When a defendant is convicted of a crime there are certain factors that the court can consider when determining an appropriate sentence. For example, a court is not permitted to consider a defendant’s arrest for a subsequent crime when imposing a sentence for the primary offense the defendant was convicted…
Florida Court Clarifies Evidentiary Standards in Supervised Release Revocation Hearings
Florida law sets forth the evidentiary standards that apply in both criminal and civil proceedings. An important rule of evidence that is often invoked is the prohibition of hearsay evidence at a criminal trial. The standards applicable at a criminal trial may not be the same as those that apply…
Court in Florida Looks at Probation Violations when Affidavit is Missing
As part of the penalty for being convicted of a crime, some defendants are sentenced to probation. This may be in addition to or instead of jail time. Many defendants prefer a longer term of probation over a shorter term of incarceration because they are able to live in the…
Court in Florida Looks At Probation Violations
Many people who are convicted of crimes in Florida will have to serve a term of probation as part of their sentence. Probation is a punishment somewhat in between incarceration and freedom. The specifics can differ depending on the individual and their charges, but when someone is on probation they…
Florida Court Reverses Probation Violation
In a case that recently came out of the First District Court of Appeals in Florida, the appeals court reversed the trial court’s finding of a probation violation. If you are given a suspended sentence or probation, and you believe that you were wrongly accused of violating those conditions, you…
Homeless Florida Man Sent to Prison for Failing to Check in with Probation Officer
Probation is an alternative to prison time in which a person convicted of a Florida crime is allowed to remain free if he or she complies with various terms and restrictions of the release. The requirements usually include meeting regularly with a probation officer and keeping the officer aware of…
Florida Plea Deals and the Pitfalls of Breaking Your Word
Plea deals can be a valuable tool for anyone charged with a crime in Florida. These arrangements allow a person to start to move on with his or her life after being charged with a Florida gun crime or another offense by working out a resolution that often includes a…