Miami Legal Tips Blog

Importance of good Miami Attorney to fight a Probation Violation

Miami criminal attorney Harris Gilbert and attorney Andrew Smallman are experienced defending those who have been accused of a violation of their probation or community control, as well as other criminal issues.

In the state of Florida, penalties for a violation of probation (VOP) can include a jail or prison sentence, or an extension of the term of probation.

Unlike other criminal procedures that allow a choice of a jury trial, all probation hearings are conducted by only the judge. Therefore the outcome of your case depend greatly on the judge that you are assigned to.

While the standard for a conviction in a normal trial situation is “beyond a reasonable doubt”, the standard in cases of probation violation is much lower.  Your future will be up to the discretion of the judge almost entirely, and if they believe you violated probation, you will most likely be headed back to jail.  For this reason, facing a probation violation charge can be one of the more daunting criminal legal situations you can face in the state of Florida.  Having an experienced and credible criminal defense attorney by your side may help you earn credibility with the judge in your case.

A good attorney will understand the details of your situation so they can present your case strategically based on their knowledge of the judge in your situation. An attorney will attempt to either get the charge dropped, or get a reduced sentence from what you would get should you end up representing yourself without a criminal lawyer.

If you or a loved one has been arrested for a violation of probation (VOP) contact a Miami criminal attorney at Gilbert and Smallman right away.

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