Probation Violation Blog | The Law Offices of Eric M. Matheny, P.A.

8

Nov 2018

Surrendering On A Warrant or Probation Violation

If you have an outstanding warrant , you may want to speak with your criminal defense attorney about surrendering in court on the warrant instead of turning yourself in to law enforcement. An in-court surrender may result in the judge releasing you from the courtroom. It may also help you to avoid going into custody if the matter can be resolved right then and there (say for a technical violation ...

Posted By Eric Matheny

30

Oct 2018

Felony Probation Violations in Broward County

If your felony probation is violated in Broward County, a warrant will be issued for your arrest. It may be possible to have your attorney set your case on calendar for an in-court surrender on the warrant. If the judge will not allow an in-court surrender, you must turn yourself in at the Broward Sheriff's Office. You will be brought before your division judge the very next day rather than be ...

Posted By Eric Matheny

17

Sep 2018

Common DUI Probation Violations

If you plead guilty or no contest to DUI in Miami-Dade County, Broward County, or Palm Beach County, you will be placed on probation for a minimum term of six months, for a first DUI . You can be placed on probation for twelve months for second and subsequent DUIs (so long as they are charged as misdemeanors). The conditions for DUI probation are standard - DUI school, community service hours, ...

Posted By Eric Matheny

4

Jun 2018

Your Early Termination Checklist

Can you ask the Court for early termination of probation? If you are interested in getting off probation, please make sure that the following apply to you: 1) You are halfway done with probation. 2) You are on probation for a non-violent offense, or if a violent offense, it is no higher than a second-degree felony and you had no prior (or very minimal) criminal history prior to going on probation. ...

Posted By Eric Matheny

1

May 2018

Can I Travel While On Probation?

The short answer is no - not without Court permission. If you are on probation in Florida, you must obtain the permission of the Court before you travel. Probation, by its very nature, will likely restrict your movement to one county (the county in which you reside). In order to travel from county to county (for instance, you work in Miami-Dade County but live in Broward County), the Court must ...

Posted By Eric Matheny

26

Apr 2018

Restitution As A Condition Of Probation

Many times, restitution will be imposed as a special condition of probation. Restitution is repayment to an alleged victim for monetary loss due to the commission of the accused's crime. Restitution must be paid if ordered by the court. The only way to legally avoid paying restitution is if the accused has no financial ability to pay. The court may set minimum monthly payments. The court may also ...

Posted By Eric Matheny

28

Nov 2017

How NOT To Violate Probation

How do you NOT violate your probation. You would think it's easy, right? Think again. While probation is certainly a better alternative than going to jail or prison, it can create traps that an unsuspecting probationer can fall into, leading to a probation violation . Probation violations are tough situations to be in. First of all, they are very easy for the State to prove. The burden of "proof ...

Posted By Eric Matheny

19

Nov 2016

Broward Probationer Arrested After Receiving 60-Year Suspended Sentence

You may recall a case about a year ago where former Broward Circuit Court Judge Matthew Destry sentenced a young man to 60 years in prison for a probation violation . After much outrage over the length of the sentence, Judge Destry reheard the matter and agreed to suspend the 60-year prison sentence with the caveat that the young man complete 15 years of probation without a single violation. Per ...

Posted By Eric Matheny

2

Aug 2016

Differences Between Community Control And Probation

Community control and probation are two very different types of sentences in the State of Florida. They can be combined - for instance, a period of community control followed by probation. But rest assured - they are not the same. Both are sentences. That is, punishments imposed by the court as a result of a plea agreement or a finding of guilt at trial. Terms of community control and/or probation ...

Posted By The Law Offices of Eric M. Matheny, P.A.

10

Oct 2014

The Consequences Of A Probation Violation

A probation violation is a serious offense that gives prosecutors an opportunity to secure harsh sentences against you. That’s because the burden of proof in a probation violation hearing is substantially lower than it is at trial. At trial, a prosecutor must prove you guilty beyond a reasonable doubt. In a probation violation hearing, a prosecutor need only demonstrate that you have willfully and ...

Posted By The Law Offices of Eric M. Matheny, P.A.

3

Jan 2014

Misdemeanor Probation Violation Warrants

When you are facing a probation violation for a misdemeanor case in Miami-Dade or Broward County Court, your probation officer will submit an probation violation affidavit to the court. If the court finds that a violation of the terms and conditions of your probation has been committed, they will issue a warrant for your arrest. Most probation violation warrants have bond amounts attached. That ...

Posted By Eric Matheny

23

Sep 2013

The Anti-Murder Act

In March of 2007, Florida lawmakers passed the “Anti-Murder Act,” which designates certain offenders as “Violent Felony Offenders of Special Concern (VFOSC). A person qualifies under this statute if they are on felony probation or community control for any of the following offenses: Kidnapping Murder, attempted murder, or manslaughter Aggravated battery or attempted aggravated battery Sexual ...

Posted By Eric Matheny

22

May 2013

Former NFL Star Arrested On Broward Probation Violation

TMZ is reporting that former NFL wide receiver Chad Johnson has been arrested in Broward County on a probation violation warrant . Chad Johnson has been on probation in Broward County for a misdemeanor domestic violence incident involving his ex-wife. The allegation in the probation violation affidavit asserts a technical violation . That is, Johnson is accused of failing to report and failing to ...

Posted By Eric Matheny

29

Jan 2013

Probation Violation For Failure To Pay

Probation is not cheap. You must pay for the cost of supervision, which you pay monthly. You may also be required to pay drug testing fees if drug-testing is a condition of your probation. If restitution is required, you may have to make monthly payments to satisfy that condition. Court costs, or the costs assessed by the court based upon your charges, are typically not a condition of your ...

Posted By Eric Matheny

29

Aug 2012

Community Control Violations

Community control is a form of supervision in which the offender is typically confined to his or her home. The court may permit the offender to leave the home for work purposes, and any other purposes deem appropriate by the court. Community control is more restrictive than probation , thus a harsher penalty. It is usually reserved for people with prior records that included probationary terms. ...

Posted By Eric Matheny

26

Jun 2012

Drug Offender Probation

Drug Offender Probation is a type of probation that may be offered to people charged with drug offenses. However, it can also be used as a modified form of probation should somebody have a probation violation for a positive drug test. People on probation fail drug tests all the time. It's considered a technical probation violation and is probably one of the most common violations. While on regular ...

Posted By Eric Matheny

9

Jun 2012

Modifying Your Restitution Payments

Restitution is court-ordered payment made typically as a condition of probation. Anybody who has been accused of damaging property, inflicting injury, or stealing money or valuables, can be ordered to repay the alleged victim(s) what is owed. Restitution is part of a sentence, usually a probationary sentence. Restitution can also be made into a civil lien, called a criminal order of restitution. ...

Posted By Eric Matheny

25

Jan 2012

Pompano Beach Man Accused of Lethal Crash Was On Probation

A Pompano Beach man accused of causing the crash that killed a Miami woman and injured two others had been placed on probation one day earlier for an unrelated crime. The accused, who has a history of alcohol-related arrests, was charged with DUI manslaughter , two counts of DUI with serious bodily injury and driving with a suspended license following the early Tuesday crash that killed the ...

Posted By Eric Matheny

26

Mar 2011

Miami-Dade Judge Sentences Former NFL Star to Prison on Probation Violation

The Miami Herald reports that a Miami-Dade Circuit Court Judge has sentenced former Oakland Raiders center Barret Robbins to 5 years in state prison for a probation violation . In 2005, Robbins was placed on probation in Miami-Dade County for several counts of battery on a law enforcement officer after he allegedly got into a violent scuffle with Miami Beach police. Robbins has a long and ...

Posted By Eric Matheny

10

Mar 2011

Special Conditions of Probation

Whether the charge is a misdemeanor or a felony, chances are that your probation will include special conditions. A special condition of probation is something that the Court may require you to do that may not be an ordinary condition of probation. For instance, both Miami-Dade and Broward administer their probation differently, and each county has its own inherent conditions of probation. These ...

Posted By Eric Matheny

10

Jan 2011

How Can I Get Early Termination From Probation?

The best thing that can happen when you are on probation is to get off probation succesfully. This can happen one of two ways: either you complete your full term of probation or you ask the court for early termination. If eligible, you should always ask for early termination. Early termination of probation may be available to you. While it never hurts to ask (the worst the judge can do is say no), ...

Posted By Eric Matheny

27

Dec 2010

Probation Violation Hearings

If you are on probation, you risk a violation should you either fail to comply with the conditions of your probation (technical violation) or if you get arrested on a new charge (new law violation). Much like when you are charged with a substantive offense, being in violation of your probation still entitles you to the presumption of innocence. You have a right to deny the allegations against you ...

Posted By Eric Matheny

5

Oct 2010

Getting A Bond On A Violation of Probation

Most people think that if you are arrested on a probation violation , then you will sit in jail without a bond. The truth is, Florida law permits the court to issue a bond when there is a pending violation of probation. "Notwithstanding any other provision of this section, a felony probationer ... who is arrested for violating his or her probation ... in a material respect may be taken before the ...

Posted By Eric Matheny

13

Sep 2010

Non-Reporting Probation

Probation comes with conditions. First off, you must report to your probation officer. Secondly, you may be required to complete special conditions of probation, such as payment of restitution, completion of community service hours, completion of a class, as well as any other conditions that the court may place upon you. But most importantly, a condition of every form of probation is that you not ...

Posted By Eric Matheny

30

May 2010

Probation

I have written at length about probation violations in previous posts, but what exactly is probation? Probation is a sentence that can be imposed by way of a plea agreement between the accused and the State Attorney's Office, or it can be a judicial sentence imposed by the Court. The Court (the judge) may impose probation if the accused pleas openly to the Court (called a Court plea) or if the ...

Posted By Eric Matheny