Morris Law Firm DUI & Criminal Defense Attorney Melinda Morris
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Burglary / Robbery Offenses
You have violated your probation

The Morris Law Firm can help and has specific knowledge and experience in Violations of Probation (VOP) defense.  Melinda Morris, managing partner of The Morris Law Firm was a State Attorney, and was responsible for prosecuting a variety of Violation of Probation offenses.  As well, Ms. Morris received special training on prosecuting Violation of Probation cases from the State of Florida.  This inside knowledge is of critical importance and can benefit the defense of your case.

Time is of the essence.
IF YOU ARE ACCUSED OF VIOLATING YOUR PROBATION (VOP), YOU RUN THE RISK OF HAVING YOUR PROBATION REVOKED. A JUDGE WILL SIGN A WARRANT FOR YOUR ARREST. ONCE YOU ARE BROUGHT INTO COUNTY JAIL, YOU MAY BE KEPT THERE WITHOUT BOND. 
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What Happens Next?

A Violation of Probation proceeding is much different than being charged with a new crime. Because you have already been sentenced to Probation, you have less legal protections than if you were charged with a new crime:

  • No statute of limitations; You can't wait out the VOP
  • No right to a bond while awaiting a hearing
  • No right to jury trial in a Violation of Probation hearing
  • Hearsay is admissible against you
  • You can be forced to testify against yourself
  • Guilt does not have to be proven beyond a reasonable doubt

It is much easier for the State Attorney’s Office to prove a violation of probation than a new offense. Nevertheless, there are defenses to a Violation of Probation, and the Morris Law Firm strives to successfully defend clients accused of Violating their Probation.

Hiring the Morris Law Firm quickly can be beneficial in several ways:

  • We can appear in Court on your behalf to argue for your “release on own recognizance” (ROR), or for a bond to be set. We represent clients throughout Pinellas County and the entire Tampa Bay Area (Tampa, St. Petersburg, Clearwater, Hillsborough, Pasco, Manatee, Sarasota, Polk).
  • We can argue the merits of the violation itself in an attempt to get the violation dismissed, or help you get your probation reinstated by the Court in lieu of more severe sanctions.
  • We can develop a plan of action that can be presented to the Court on your behalf to show the Court why you should not remain in custody and instead what can be accomplished by you if you are allowed to remain out-of-custody and working on your probation conditions.
What are the types of Violations of Probation:

After you are placed on Probation, you are advised of the conditions of your Probation by the judge or a probation officer. Should you disobey the conditions, you run the risk of having your Probation violated.

There are two types of probation violations you can commit:

  • Technical Violation
  • Substantive Violation (New-Law Violation)
What is a Technical Violation of Probation?

A technical violation is any violation of either your general or special conditions of probation.

Examples of technical violations include:

  • Changing your address without permission,
  • Failure to pay court costs or fines,
  • Missing a probation meeting,
  • Being late to a probation meeting,
  • Not completing court-ordered classes, etc.
What is a Substantive Violation of Probation?

Substantive violations of probation occur when you commit a new criminal offense.

Importantly, even if the new criminal charge is dismissed or your win acquittal at trial, a prosecutor can still try to "prove-up" the offense at a VOP hearing. And, unlike a criminal trial, the burden of proof is only a "preponderance of the evidence" and there is no right to a jury.

What are the penalties for Violating Probation?
If you violate your probation a judge can do one of three things:
  • Reinstate your Probation,
  • Modify your Probation, or
  • Revoke your Probation.

Importantly, if a judge revokes your probation, Florida law allows the judge to impose the maximum penalty for the charge you were placed on probation for.
What are the defenses to Violating Probation?
Defenses to a charge of violating probation may include:
  • Actual Innocence,
  • Full Compliance, or
  • Inability to Prove (Insufficient Evidence)
 
How We Can Help You
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