Violation of Probation
Cohen Battisti, Orlando Probation Lawyers / Attorneys

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If a defendant pleas guilty or no contest to a criminal charge, or is found guilty of a criminal offense at trial, the judge will sentence the defendant to a lawful penalty which may include a period of probation.  If sentenced to probation, a defendant is instructed on the general conditions and special conditions of the probation, which may include, depending on the offense, the payment of a fine, court costs, the defendant’s payment of the cost of the probation department’s supervision, the performance of community service, random urine testing, and the instruction not to commit any crimes.  If a defendant fails to abide by the conditions of probation, the probation department may send the court a sworn statement and request to issue a warrant for the defendant’s arrest for violation of probation.

If the court issues a warrant, the sheriff’s office is directed to “execute” the warrant by arresting the defendant.  The defendant is then placed in jail and held there without bond, until either a hearing is held on whether the defendant violated probation, or until the judge grants a bond based on a bond motion at a bond hearing.  At the violation of probation hearing, the State of Florida has to prove the defendant violated probation.  If a violation is proven, it is up to the court to put the defendant back on probation, or take the defendant off of probation and place the defendant in jail for a period of time.



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Cohen
Battisti
Attorneys at Law


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