Probation Violations
The Law Offices of David Golden, P.A., has considerable
experience when it comes to successfully defending violation
of probation cases. Whether in Stuart, Port St. Lucie, Fort Pierce, Okeechobee, or Vero Beach, for over 20 years, Attorney David Golden has been instrumental in assisting clients accused of either misdemeanor or felony violations of probation (VOP) .
If the probation officer is of the opinion that any of the
conditions of probation have not been satisfied or followed per
direction (often referred to as a "technical violation"), or, that
the probationer has committed a new offense (this is referred
to as a "condition 5" violation), an arrest warrant for the Accused will be obtained. Many times, no bond is set.
Probation violation cases and violations of community control
are extremely serious matters. The accused probationer or
community controllee has a right to a trial, but only before a
judge, and not a jury. Additionally, the State no longer has
the more difficult burden of proof, "beyond a reasonable doubt," but only needs to prove their case by a preponderance
of evidence. In other words, the State has to show that the
violation more than likely occurred. And, the consequences
can be devastating if found guilty.
Persons charged with violating their probation can face the
same punishment they could have received originally. For
example, a person sentenced on a third degree felony could
now be facing five (5) years in the Department of Corrections.
If an adjudication of guilt was withheld previously, the
Accused could now wind up with an actual conviction on their record. Accordingly, everyone accused of violating their
community control or probation should have the benefit of
experienced and respected counsel fighting for them.
At the Law Offices of David Golden, P.A., we have had great
success in minimizing the potential consequences to our clients.
Call for a free consultation (772) 220-4400, and schedule your appointment. We know we can help.