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WHAT IS THE DIFFERENCE BETWEEN PROBATION AND COMMUNITY CONTROL?
Probation is a sentence ordered by a judge that requires a person to report to a probation officer either weekly or monthly. Conditions of probation range from fines, community service, drug testing, educational classes and jail time. In addition, you must refrain from being arrested for other criminal offenses while on probation.
Community control is house arrest. In other words, you are required to remain in your home unless your community control officer knows and has permitted you to go somewhere else, like work, school and church. The same conditions listed in the probation section can apply as part of a sentence of community control.
HOW DOES A VIOLATION OCCUR?
Any time a person fails to meet the court ordered terms of his/her probation or community control, he/she may be charged with a probation/community control violation. When a probation officer files an Affidavit of Violation, he/she also issues a probation warrant, which instructs law enforcement to actively look for you and immediately take you into custody. When you are arrested on a probation warrant, you are usually held in custody with no bond.
PENALTIES FOR A PROBATION/COMMUNITY CONTROL VIOLATION
If the prosecutor is able to prove that you committed a willful and substantial violation of your probation/community control, the maximum penalty is the same as the underlying charge you were placed on probation/community control for. For example, if you were placed on probation/community control for aggravated battery and found in violation of said probation/community control, you can be sentenced up to fifteen years in Florida State Prison on the violation since that is the maximum penalty for the aggravated battery charge.
HAVE YOU BEEN CHARGED WITH A PROBATION/COMMUNITY CONTROL VIOLATION?
If you answered “yes”, now is the time to speak with an experienced defense attorney. There are many things we can do immediately to prevent you from being arrested on the warrant and incarcerated for a lengthy period of time.
If you are found in violation of your probation/community control, you face serious and significant legal penalties that will adversely impact your quality of life for months, if not years, to come. By working with a skilled defense lawyer who can speak on your behalf, you may be able to avoid further legal penalties and be able to have your probation/community control and the original terms re-instated. An experienced lawyer can protect your best interest and defend your future well-being. IN MOST CASES, WE CAN DEFEND YOUR VIOLATION WITH YOU EVER SPENDING TIME IN JAIL!
We are proud to defend clients with warrant and probation violation matters in Miami-Dade County, Broward County, Palm Beach County, Fort Pierce, and Volusia County.
If you are being charged with a probation/community control violation, contact Hager & Schwartz, P.A. today for a free consultation with one of our experienced probation violation attorneys!
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