Florida Statute Makes Fighting Probation Violations More Difficult

Criminal defense lawyers had long been confident that they could find relief for clients who were accused of probation violations. Lawyers work round-the-clock to help clients reinstate their probation, even for new criminal charges.

However, now the State Attorney’s Office is taking a cue from Florida Statute 948.06. According to the statute, anyone who has been accused of violating probation and is charged with a new law violation and is considered a “qualifying offense,” then that individual will only have to serve the minimum, or “bottom of the guidelines” for that particular offense.

Here are some of the qualifying offenses:

  • Aggravated robbery
  • Robbery (strong arm)
  • Homicide
  • Sex crimes

It may take anywhere between a few weeks up to several months for negotiations to finally come to a resolution. A Daytona Beach criminal defense attorney takes all of the evidence and formulates an argument to persuade the courts that the defendant is not a threat to the general public. When convinced, the courts may then allow probation to be reinstated, but again, this is only for the qualifying offenses above.

What if my offense does not qualify?

The State Attorney’s Office may or may not be so willing to hear cases beyond the list of qualifying violations. This does not mean that all hope is lost, however. While the road ahead may seem more of an uphill battle than before, the fact of the matter is there is nothing that can strengthen a case more than having a defense lawyer on your side.

The advantages of having a lawyer represent you mean you can have skilled negotiators working solely for you. We believe our team exemplifies exactly that. We know what tactics to use to bring their clients’ case forward in a favorable light. This can eventually help with reducing the prison sentences, fines, and other penalties.

Hager & Schwartz, P.A. has more than 35 years of experience. Call us today to schedule a free consultation if you have been accused of probation violation!

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