When an individual is accused of a violation of probation they are not being charged with a new crime. Since the individual has already been given probation in sentencing, a proven violation of that probation may result in enforcing penalties according to the sentencing guidelines of the underlying crime which the individual was originally convicted of.
The courts take probation violations very seriously because by giving you probation instead of jail time for a conviction, they have shown a leap of faith that you have the ability to stay out of trouble and follow the probation guidelines. When you violate the probation, you have also violated the courts trust, which they do not respond favorably to if the violation of probation has been proven to exist.
An individual may be accused of violating their probation as a result of a "Technical Violation" or a "Substantive Violation."
Technical Violation of Probation: occurs when an individual violates the special conditions of their imposed probation. This type of violating the terms of probation does not involve committing a new crime. Common technical violations of probation include:
Substantive Violation of Probation: occurs when an individual violates the conditions probation by the act of committing a new crime. If convicted of the new crime, the individual will not only face the sentencing of the new crime, but also have the sentencing guidelines of the associated crime which lead to your probation being instated as well.
One of the pitfalls of being accused of a new crime is that even if you are found "not guilty" of the new alleged crime, the court has the authority to revoke your probation and reinstate the original conviction and sentencing guidelines. Unlike your original trial, in a violation of probation hearing, the prosecution must only prove that a "preponderance of the evidence" existed.
Protect your legal rights and make sure your voice is heard. We are experienced and have the resources to handle your violation of probation or other criminal defense legal needs.
Phone: (772) 221-2100
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David Kaplow received his Bachelor of Arts degree from the State University of New York at Binghamton, his Master of Arts degree from the University of Chicago, and his Juris Doctor from Florida State University.
For over a decade, David Kaplow has been practicing criminal defense law on the Treasure Coast. When he began his career as an Assistant Public Defender, David Kaplow successfully defended his clients with dedication and compassion. He was quickly promoted to handle major felony charges while serving as the head of the Misdemeanor Division in Martin County.
David Kaplow has helped thousands of clients charged with both misdemeanors and felonies. He also has extensive experience representing clients in jury trials on charges ranging from misdemeanor offenses such as DUI, domestic battery and retail theft, to more serious felonies like drug sales, aggravated battery, sexual offenses, attempted murder and murder.