Violation of Probation (VOP)
Probation allows a person convicted of a crime the opportunity to avoid jail by following certain court-ordered provisions while under the supervision of a probation officer.
There are two types of violation of probation: (1) a technical violation, like missing a court appearance or not making restitution; and (2) a substantive violation such as committing a new crime.
Because probation conditions are often complex and confusing, people in South Florida frequently unintentionally commit violation of probation.
Violation of probation, or VOP as it is known in legal circles, can result in your probation being extended or revoked, meaning having to serve your original sentence, plus incurring additional penalties for your offense.
As soon as you’ve been arrested for a VOP, don’t wait to hire a top-notch South Florida attorney experienced in litigating VOP cases. A VOP hearing is no place to be represented by an amateur. You will be going back to court – and this time with no jury. It will be up to the judge to determine if there is a “preponderance of the evidence” (more than 50%) that you violated your probation and that you did so on purpose.
It’s your South Florida attorney’s job, when feasible, to demonstrate that your VOP was due to a misunderstanding – and to have the original probation reinstated or modified, if needed. Evidence might exist that shows you were not thoroughly informed of your probation terms or that there was no VOP at all. There are numerous instances where a law enforcement officer made an assumption that was wrong.
Whatever the specifics of your VOP, you should go to court with an experienced South Florida VOP attorney at your side. A knowledgeable VOP attorney will analyze the details of the case and develop an aggressive strategy to maximize your chances of staying out of jail and restoring your freedom as quickly as possible.
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