Probation is a way of avoiding jail if you have entered a plea of guilty or no contest or have been convicted of a crime in Florida.
Generally, probation is granted to people who have a good attorney, are not considered dangerous and have up to that point had a clean record. If you violate the conditions of your probation, you could be arrested for ‘violation of probation’ (VOP) and jailed without bond, pending an appearance before a judge.
Time on probation is not taken into consideration in Florida, so if you violate your probation conditions and are caught on the last day of your probation, you may have to spend the entire period you might have done for the original conviction in a county jail or state prison in addition to other penalties.
You do not want to violate your probation! It means potentially more fines in addition to those you may have already paid, jail and an uncertain future.
If you are already on probation you will be aware that there are many conditions you have to obey in order not to be accused of violating them.
Traffic Offenses and Probation
One common worry on probationers’ minds is if they get caught for a traffic offense, like speeding, or running a red light. If they get a ticket, should they tell their probation officer and will it affect their probation?
It is a requirement of probation that you see your probation officer (PO) once a month and answer questions or fill in a questionnaire truthfully. It is not considered a violation of your probation if you commit a civil offense, like many traffic offenses. However, if you do get a ticket, you should tell your probation officer about it.
One of the questions you will be asked when you see your PO is whether you have had any interactions with a police officer. If you fail to tell the PO that you received a ticket, say for speeding, you could be accused of violating your probation conditions because you won’t have told the truth.
Don’t commit another crime!
It’s a different matter if your traffic offense is more serious. If you are arrested for criminal offenses such as reckless driving, or DUI, while driving, then you will have violated your probation conditions and will most certainly go to jail for the original conviction as well as face a court case over the new charges.
Probation can seem hard at times, because you must always beconscious of the conditions which you have agreed to follow to avoid spending time in jail. However, in the long run, being able to earn a wage, spend normal time with your family and be able to enjoy leisure pursuits is worth the effort involved.
Even if you do violate your probation conditions, or are accused of doing so, there are ways in which your probation can be extended without going to jail. An experienced Miami criminal defense lawyer can help defend you against inaccurate allegations or persuade a judge that you were not deliberately, or ‘wantonly’ attempting to break the conditions of your probation.
Albert Quirantes: Your Miami Criminal Defense Lawyer & DUI Lawyer
For over 30 years, Miami criminal defense attorney Albert M. Quirantes has been aggressively and zealously defending the rights of those accused of felony and misdemeanor crimesthroughout South Florida. With his dedicated team, reasonable legal fees, and a well-earned reputation for challenging prosecutors at every turn, he has protected over 8,000 clients during some of the roughest times of their lives.
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If you have been arrested and charged with a crime, please call us today at (305) 644-1800 or fill out our online form to arrange for your free, confidential initial consultation.
If you have any questions about this or any other criminal accusation, call Miami Criminal Defense Lawyer Albert Quirantes at: (305) 644-1800 or visit our homepage www.CriminalDefendant.com for a direct link to the office or a text message or a map and directions to our office.