Probation Violation

Once you are convicted or plead guilty or no contest (nolo contendere) to DUI, you may believe the worst is over. Not so fast -- probation is serious. If you violate your DUI probation, the worst may be far from over. The experienced DUI defense attorneys at Musca Law are prepared to represent you in all stages of your probation violation proceedings. Remember that while your Duval County DUI case may be closed, if you fail to obey all terms and conditions of your probation, you may face the same penalties and jail time as your initial DUI charge or if you committed a new crime, you may face even harsher penalties. Accordingly, if your probation officer determines that you have violated a term or condition of your probation, he or she will request the judge sign a warrant for your arrest. Once the judge signs a warrant for your arrest, you may be arrested at any time or at any place. Speak with an experienced criminal defense attorney immediately. The attorneys at Musca Law will fight to help you to avoid arrest and severe penalties.

What is Probation Violation?
Probation is a period of intense supervision by the court. Probation violation is defined as any action which breaks a rule of probation. Probation may be violated in many ways, including but not limited to the following common causes of probation violation:

Failure to pay court-ordered fines, court costs and restitution to victims.

Failure to comply with all terms and conditions of probation such as completion of court-ordered community service hours, attend and successfully complete DUI school, submit to random drug and/or alcohol testing, arranging for an engine interlock device to be installed in your vehicle and violation of any other court-ordered requirement of probation.

Failure to appear at all required court hearings.

Failure to report to probation officer at date and time of scheduled meetings.

Possession of illegal substances.

Commission of a crime, including driving while your license is suspended.

Violation of Probation Hearings
Once the probation officer determines a violation of probation was committed, the probation officer will request a warrant signed by the judge. The clerk will then set a violation of probation hearing on the judge's docket. Generally, several violation of probation hearings will be held prior to resolution of the probation violations. At the first hearing, similar to an arraignment, the judge will read the violation of probation charges listed on the warrant to the offender, or defendant. At that point, the offender may either admit or deny the charges. If the offender admits the charges, the offender will be sentenced. If the offender denies the charges, a final violation of probation hearing will be set for a later date. A final violation of probation hearing is similar to a trial. However, remember one key difference - the standard of proof is lower. A lower standard of proof means that the State only has to prove the offense to the consciousness of the court. You are not entitled to a jury or the higher reasonable doubt standard of proof required in criminal cases. You need an experienced criminal defense attorney to protect your rights.

Hire an Experienced Florida DUI Attorney
Representation by an experienced attorney at all stages of probation violation may mean the difference between jail time and freedom. An experienced DUI attorney will investigate your case and protect your rights. For more information on DUI probation and violation of probation hearings, or if you believe you have violated your DUI probation, please schedule a free, confidential consultation with an experienced Musca Law criminal defense attorney. Contact Musca Law 24/7 by calling 1-800-MUSCA-LAW (1-800-687-2252).