Violations of Probation2018-11-25T22:28:37+00:00

Violations of Probation Attorney

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Violations of Probation

Violations of Probation (VOP) carry severe consequences because the court considers defendants to have disregarded the second chance they were given. A probation violation attorney can reduce incarceration, assist in the completion of outstanding conditions, and minimize the consequences.

What are Probation Violations in Pinellas County?

A probation violation is when a person fails to meet the required terms of their probation. Probation is not always easy because probation officers can be unreasonable, tough to reach, and constantly rotate. So, what one probation officer told you is not always honored by another. The process can be extremely frustrating.

Experienced Legal Service for Violations of Probation in Pinellas County

If you or your child has been accused of violating probation, then you should hire a criminal defense attorney immediately. VOPs move quickly through the system and there isn’t much time to prepare a defense strategy.

Sean McQuaid has a track-record of successfully defending VOPs for over 19 years. Mr. McQuaid is a named partner at Battaglia Ross Dicus & McQuaid, P.A., which for 60 years has been providing the Tampa Bay area with exceptional legal assistance. Mr. McQuaid is highly respected by the State and the Judges at the Pinellas Justice Center and has received a perfect ranking from numerous review sources from his peers, the judges he practices in front of and his clients and their families.

If you need a Violations of Probation lawyer in Pinellas County, please contact Sean McQuaid today for a free consultation.

Common probation violations include:

  • Failure to appear in court
  • Failure to comply
  • Failure to pay a fine
  • Failure to perform community service
  • Violation of a restraining order
  • Committing a new crime
  • Drug or alcohol abuse
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What Happens if You Violate Your Probation?

If you violate your probation terms, jail becomes more likely. For a felony VOP, zero bond is standard. This means that a warrant will be issued by the judge who placed you on probation with no ability to post a bond. For a misdemeanor violation, there is a better chance to receive a notice to appear. If you picked up a new charge as the basis of the VOP, it becomes much more likely that you will remain in custody at the Pinellas County Jail until the case is resolved.

What if My Child Has Violated Probation?

Just like an adult, violating probation as a juvenile will result in harsher punishment than what was originally given. Your child’s juvenile probation officer (JPO) will file a Violation of Probation Petition. The court may then decide to revoke your child’s probation and issue a new sentence. This may include placement in a residential facility run by the Department of Juvenile Justice.

Types of Probation Violations

  • Technical ViolationsThis is when a person violates the conditions of their probation. Common technical violations include failure to attending a meeting with a probation officer; failure to attend court; failure to pay a fine or a failed drug test.
  • Substantive ViolationsThis is when a person is arrested or charged with a new crime.

Community Control Violation or Drug Offender Probation Violation

Community Control is a type of house arrest that restricts a person to the home except for certain specified reasons. Community control is designed to be extremely strict, but still allow a person to work, attend counseling or care for his or her family.

Drug offender probation is a specific form of probation designed for drug charges. It is more strict than regular department of corrections probation but less strict than community control. Drug offender probation has a series of strict requirements including a curfew, random drug testing, and a substance abuse evaluation and treatment.

Consequences and Penalties of Probation Violations

Following a finding that the offender violated probation, all bets are off and the judge may impose the same maximum penalties that originally applied to the crime.

Hire a Pinellas County Violation of Probation Attorney

Whether your probation violation accusations are justified or not, you need an attorney because your future could well be in jeopardy. A reputable lawyer can:

  • Ask the court to consider reasonable bond.
  • Minimize Penalties and prevent jail.
  • Give you recommendations to complete that the judge will accept.
  • Ask the court to dismiss the probation violation charges.
  • Ask the court to reinstate your probation.

Sean McQuaid is familiar with each and every judge handling VOPs in Pinellas County and can protect you. If you have any questions regarding Violations of Probation, please contact him immediately.

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