Being on probation / community control / house arrest is an alternative to incarceration. It is a gift of sorts, albeit it is given by an Indian giver who can take it back at any time (the alternative being jail). It behooves you to remember that at all times while serving your non-incarcerative sentence. It may help to think of your time on probation / CC / HA 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 a community based sanctions (VOP / VOCC) are very different than substantive (new) cases. The terms and conditions of probation / CC / HA 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”).   In short, when you are accused of violating your non-incarcerative sentence you need competent legal representation immediately.

When it comes to probation modification (things such as Early Termination, Transfer, Permission to Travel, Amending Terms or Conditions, etc) all such matters are 100% discretionary with the Court.  This means that the decision to either grant or deny your request is entirely the Judge’s call, and your Judge is free to say either yes or no without fear of appellate action.  Intangibles (such as a good mood, bad mood, bias, prejudice, sleep, lack of sleep, etc) can, do and will effect the Judge’s attitude and ultimate decision, and your odds at a favorable outcome will exponentially increase with a skilled and experienced criminal defense attorney efforting at moving Heaven and Earth on your behalf.

Be it seeking a bond on a VOP, permission to take the kids to Disney World, avoiding an incarcerative sentence, or any other Probation / Community Control / House Arrest related matter, at Michael A. Haber, P.A. we will help you by creating a comprehensive and persuasive litigation package which is supported by admissible evidence and which has been custom tailored and carefully designed to achieve your objective in front of your Judge given your unique facts and circumstances.

Posted in

Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!