So you've violated probation. Not a good thing. But is your situation hopeless?
Possibly not.
It depends.
If you are on probation for a misdemeanor or a non-violent felony and you violate with a technical violation, such as a positive drug test, failure to complete a special condition (such as community service hours), or you failed to report (absconding), it is possible that you may retain your withhold of adjudication (assuming you received one on the underlying offense). A skilled criminal defense attorney may be able to work out your violation so that you are reinstated to probation, as opposed to having your probation revoked. This could allow you to retain your withhold and not receive an adjudication (this can be especially beneficial if you are on probation for a felony, since a felony adjudication makes you a convicted felon).
Even if you pick up a new arrest (new law violation), it may be possible to retain your withhold as well. Speak with a criminal defense attorney about your specific situation to see if it is possible to avoid a conviction, even when facing a new law violation.
If you are on probation for a more serious offense, such as a violent second-degree felony, you may qualify as a Violent Felony Offender of Special Concern. In this instance, it may be much more difficult for you to retain your withhold.
In conclusion, the best course of action when on probation is to obey the law, abide by all terms and conditions, and make it a point to succeed. If you do, you may be able to terminate your probation early.
If you or a loved one is facing a probation violation in Miami-Dade County, Broward County, or Palm Beach County, contact my office to discuss your options.
Eric Matheny is a criminal defense attorney serving Miami, Broward, and Palm Beach.