Violation of Probation | VOP
Probation is community supervision with specified conditions. If you have been charged with a Probation Violation, Violation of probation, VOP or Probation Non-compliance in Florida, W.F. “Casey” Ebsary, Jr. (813.222.2220) can and will protect your rights. Some circuit courts have special divisions to handle violation of probation allegations.
There are two types of Probation Violation; technical and substantive. Sometimes a probation violation is a technical violation and is charged when the highly technical conditions of probation have been violated. Sometimes a probation violation is a substantive violation and is charged when a new offence has been committed.
We can help you, your friend or loved one. We want to prevent or minimize time spent in jail, in either event. Standard conditions of probation include: no violations of the law, monthly reporting requirements, not changing residence or employment or leaving the county without the consent of the probation officer, submitting to random drug testing and searches, and paying cost of supervision. There are sometimes special conditions of supervision imposed by the judge including: substance abuse or mental health treatment, victim restitution, and community service hours.
Other types of community supervision include Drug Offender Probation, Sex Offender Probation, Community Control (house arrest). Violation of any community control condition, like probation violation, may revoke the status of probation and the court may impose any sentence valid for the original offense.
Drug testing is often a condition of probation. This is true in both drug crimes and DUI cases. Depending on where you were placed on probation, a judge can take evidence of a failed field drug test, a lab report, and the testimony of an experienced probation officer to establish a violation of probation. An example of how courts handle allegations of drug use for people on probation can be found here: http://duitampabay.com/how-to-choose-the-best-tampa-dui-lawyer/Prove-Drug-Violation-Of-Probation-VOP.html
To be used against people in court in a violation of probation hearing, the prosecutor must prove that a probationer used or possessed illegal drugs. Usually, Florida Criminal Courts require three or four things: 1) a failed drug test; 2) given by a qualified probation officer; 3) a lab report; and sometimes 4) testimony of a laboratory representative. The details of the science used by prosecutors to prove violations alleging VOP for a failed drug test is discussed at the link below:
Help with Probation Violation
Whether you already have or think you might violate the conditions of your probation, we can provide a solution. Call today at 813.222.2220 for a free initial consultation. If it is more convenient for you, we respond quickly to your call for help via our Call For Help web submission. We are constantly checking and responding, and will quickly get back to you via telephone or email.