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.