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Technical Probation

Probation is a form of punishment that allows offenders to remain in the community instead of being incarcerated. Probationers are required to follow certain conditions set forth by the court, which can include attending counseling or drug treatment programs, avoiding certain people or places, and reporting regularly to their probation officer.


What is a Technical Probation Violation?



In Florida, probation is overseen by the Department of Corrections, and probation officers are responsible for monitoring probationers to ensure that they are complying with the conditions of their probation. If a probationer violates any of the conditions of their probation, they may be charged with a technical probation violation.


A technical probation violation occurs when a probationer fails to comply with a condition of their probation, other than committing a new criminal offense. For example, a probationer may fail to report to their probation officer, fail to attend a required counseling session, or fail to pay fines or restitution.


Penalties of a Technical Probation Violation 


Like substantive probation violations, technical probation violations are taken very seriously in Florida, and probationers who are found guilty of a technical probation violation may face severe consequences.


If a probation officer suspects that a probationer has violated a condition of their probation, they will report this to the court. The court will then hold a hearing to determine whether the probationer has in fact violated their probation.


At this hearing, the probationer will have the opportunity to present evidence and argue their case. If the court finds that the probationer has violated their probation, they may be sentenced to additional time on probation, jail time, or even prison time.


The consequences of a technical probation violation depend on a variety of factors, including the severity of the violation, the probationer's overall compliance with the conditions of their probation, and the probationer's criminal history.


In some cases, a probationer who is found guilty of a technical probation violation may be sentenced to additional time on probation. During this time, the probationer will be required to follow additional conditions, such as attending counseling or drug treatment programs.


In more serious cases, a probationer who is found guilty of a technical probation violation may be sentenced to jail time or even prison time. The length of the sentence will depend on the severity of the violation and the probationer's criminal history.


It's worth noting that probationers who are accused of a technical probation violation are entitled to due process. This means that they have the right to a fair and impartial hearing, the right to be represented by an attorney, and the right to present evidence and witnesses on their behalf.


Defense Strategies for Technical Probation Violation Chages 


If you are facing charges for a technical probation violation in Florida, it's important to take the situation seriously. You should consult with an experienced criminal defense attorney who can help you navigate the legal process and protect your rights.


There are several strategies that an attorney may use to defend against charges of a technical probation violation. For example, the attorney may argue that the probationer did not actually violate the condition of their probation, or that the violation was not willful or intentional.


Another defense strategy may be to argue that the probationer's conduct was not a material breach of the conditions of their probation. For example, if a probationer fails to report to their probation officer, but promptly reports the missed appointment and reschedules, the attorney may argue that the violation was not material and should not result in additional penalties.


Ultimately, the key to defending against charges of a technical probation violation is to work with an experienced and knowledgeable attorney who understands the nuances of Florida law and can develop a strong defense strategy tailored to your unique situation.


Contact a Kissimmee Criminal Defense Attorney Today 


In conclusion, technical probation violations in Florida are serious and can have severe consequences. If you are facing these charges, it's important to take the situation seriously and consult with an experienced criminal defense attorney who can help you protect your rights and develop a strong defense strategy. With the right legal representation, you may be able to avoid charges. The attorneys at Hanlon Law have years of experience dealing with our clients’ probation violations and new law offenses. 


If you want to learn more about the consequences and defenses to probation violations in Florida, contact Hanlon Law to schedule a consultation to discuss your charges and hire a Kissimmee-based criminal defense attorney today.

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