Are you on probation or do you know someone who is? If so, be sure to encourage them to be careful with the terms of the probation. Violation of probation is a serious charge.  Judges generally don’t like it when you’ve failed to comply with requirements ordered by them.  And, the punishment can be severe, including up to the maximum penalty you might have received for the underlying charge for which you are on probation.

The good news is if you have been deemed to be in violation of your probation, you often may have some defense to the charge. Two such defenses are that your violation was neither willful nor substantial.

Willful Violation

The State also has to show your violation was willful and substantial.  In other words, you are not  guilty of violation of probation if your violation was not intentional or not within your control, or  if it was a very minor violation.
probation cannot be revoked based on matters over which you have no control.

Substantial Violation

The second point is minor violations of the conditions of your probation are insufficient to revoke your probation.  Thus, in addition to demonstrating your violation was willful, the State must further show reasonable grounds exist to believe you violated your probation in a material respect.

Violation of probation is a serious charge with potentially severe consequences.  If you’ve been charged with violating your probation, be sure to contact a criminal defense attorney with knowledge about, and experience with, these kinds of matters.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

So your friend is wanted for something, and they want to stay at your house for a few days. If you let them, can you get in trouble?

Harboring a fugitive refers to the crime of knowingly hiding a wanted criminal from the authorities. Federal and state laws, which vary by state, govern the crime of harboring a fugitive.

What is the penalty for harboring a fugitive?

An offender is subject to imprisonment for not more than one year, unless the warrant or process was issued on a felony charge, or after conviction of the fugitive of any offense, in which case the offender faces a maximum term of imprisonment of five years.

What is aiding and abetting a fugitive?

A person charged with aiding and abetting or accessory is usually not present when the crime itself is committed, but he or she has knowledge of the crime before or after the fact, and may assist in its commission through advice, actions, or financial support.

Is harboring a fugitive a felony?

For example, it is considered a misdemeanor and punishable by up to a year in prison in Maryland. By contrast, in North Carolina, if the suspect you are harboring committed a felony, you may also be charged with a felony, while if the suspect committed a misdemeanor, you may be charged with a misdemeanor.

What is considered a fugitive?

A fugitive from justice, also known as a wanted person, can be a person who is either convicted or accused of a crime and hiding from law enforcement in the state or taking refuge in a different country in order to avoid arrest.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.