Probation is an alternative to incarceration. It is defined as a “community based sanction” for criminal conduct but Judges and Prosecutors treat it as a gift (of sorts), albeit one that is given by an Indian giver who can take it back at any time (the alternative being jail).
While on probation (or CC) you are obligated to follow a series of standard rules (found in FS 948.03), and you may have some special conditions imposed upon you as well, and you also necessarily give up many rights (for example your PO can search you and your residence without a warrant or demand a urine sample at any time).
It behooves you to remember that at all times while serving your probationary period. It may help to think of your time on probation as walking on a tightrope. Stray just a little to either side, lose your concentration or balance even for a moment and you fall. However, instead of landing on the ground you land in jail or prison.
Violations of probation (VOP’s) are very different than substantive (new) cases. The terms and conditions of probation make it such that any material and willful violation can result in a no bond hold, a bench (not a jury) hearing (trial) with lax rules of evidence, admissible hearsay and a reduced burden of proof (a “preponderance of evidence” – or “more likely than not”).
Before you agree to accept a “community based sanction” be sure that 1) you first understand the terms and conditions and 2) are prepared to abide by them.
And if you find yourself facing a violation then call me, I want to help you.
Remember: At Michael A. Haber, PA, it’s all about reasonable doubt!
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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