Orlando Violation of Probation Attorney
In many ways, violations of probation hearings are completely unlike criminal trials. For example, the prosecutor’s burden of proof is much lower, out-of-court statements are almost always admissible, there is no VOP statute of limitations, and there is no right to a jury trial. So, VOP lawyers cannot use many of the defenses which are available in normal criminal cases.
Because of this different environment, you need a VOP defense lawyer who focuses on these types of hearings. At Sercombe Law, we know the case does not end after the judge’s gavel falls. Probation violation cases are common in Orange County, due to technical or substantive violations. Our professional team approaches both types of cases with the same zeal and attention to detail. Many times, that approach generates results that exceed our clients’ expectations.
Types of Probation Violations in Orlando
When Orange County judges place defendants on probation for a DUI or any other criminal offense, there is always a long list of conditions. Some of them are the same for all offenders, such as reporting regularly and staying out of trouble. Others are offense-specific. For example, DUI probations often include Ignition Interlock Device requirements and mandatory alcohol evaluations.
Most Orange County probation violations involve substantive violations, e.g., committing a new offense against the state. Parking tickets usually do not count, but almost anything else, even some kinds of traffic violations, could trigger a motion to revoke probation.
At the VOP hearing, prosecutors must only establish the violation by a preponderance of the evidence (more likely than not). As mentioned, that’s a lower standard of proof. So, even if the defendant was acquitted for the new offense, the motion to revoke is still in play.
Other times, technical violations trigger motions to revoke probation. Such technical violations include a failure to:
- Report as scheduled,
- Notify the probation officer of a change of address,
- Remain in the county,
- Pay required fines or costs, or
- Attend required classes.
From a legal standpoint, a minor technical infraction is just as bad as a substantive violation. But from a practical standpoint, most Orange County judges want to see a pattern of technical violations, especially if they involve paying money.
VOP Defense Attorneys and Possible Outcomes
While probation violation matters are different from criminal cases in many ways, they are the same in other ways. For example, in both situations, most cases settle out-of-court. In criminal cases, these settlements usually involve reduced charges and/or a reduced sentence. In POV cases, the settlement often involves:
- Reinstatement (perhaps with a brief jail sentence as a condition of reinstatement),
- Modification (such as extending the length), or
Additionally, if the defendant received deferred adjudication probation, the judge may proceed to judgement, find the defendant guilty, and continue the defendant on probation.
Probation violations are easy to establish in court, but an Orange County VOP lawyer is often able to resolve them favorably. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law. Convenient payment plans are available.
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