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Your Legal Options After an Alleged Probation Violation

Simply being in the wrong place at the wrong time can result in allegations of probation violations, and such an accusation can create a world of headaches, stress and troubles for people trying to resolve prior criminal cases and get their life back on track. Because the consequences of an alleged violation can have significant impacts on a person’s freedom and future – and because these cases proceed very differently than other criminal cases, it’s crucial that people accused of probation violations trust their defense to one of the Tampa probation violation defense lawyers at Hackworth Law.

A person’s probation officer or any law enforcement official can initiate probation violation charges by informing the courts that an alleged act of noncompliance has occurred. If a judge finds reasonable grounds to believe that a probationer or an offender has violated his or her probation the judge may issue an arrest warrant.

In some cases, it may be possible for an experienced defense attorney to work out a deal or get probation violations charges resolved prior to a hearing. However, as discussed elsewhere on our blog, it’s important to realize that the prosecutor will NOT have to prove guilt beyond a reasonable doubt. In fact, the standards of proof in probation violation hearings are far less strict than in other criminal cases, as prosecutors will only have to prove that it was more likely than not that the accused person violated the terms of his probation.

At the hearing, there are multiple options for how the case will proceed. If a person admits the violation, the judge will often hear a recommendation from a person’s probation officer to reinstate the terms of the original probation or modify the probation under new terms. The probation violation attorneys at Hackworth Law can help negotiate a favorable outcome when admitting a violation is the best option.

If a person chooses to deny the violation at the hearing, the court may resolve the issue during the hearing, or set a date for a future evidentiary hearing. Prosecutors may try to use misleading witness statements or overstate the circumstances of an arrest to allege that it was more likely than not that a probation violation occurred. As discussed elsewhere on this blog, a judge—not a jury—will determine whether the probation terms were violated.

Have you or a loved one been accused of violating the terms of probation? If so, the Tampa probation violation defense attorneys at Hackworth Law are ready to provide you with superior defense representation. We are effective at building a strong defense and challenging prosecutors in any legal setting. In addition to being dedicated to defending our clients’ rights, we are also dedicated to understanding unique circumstances, providing compassionate representation and making sure that our clients clearly understand their legal options so that they have peace of mind as their case progresses.