When a person is being sentenced by a judge, the judge is often asked to consider whether a probationary or community control period would be sufficient to punish the individual and protect society. If a person is a first offender or a relatively new offender or, if the criminal offense for which he is being convicted is not that serious, the person may be placed on a period of probation or community control.
Probation can be sponsored by several organizations including the Department of Corrections, County Probation Office or Salvation Army. A person placed on probation usually has an individual with whom they must report at least once a month and who will monitor their situation to make sure that fines are paid, restitution is paid, community service is performed and jail sentence is completed. Community Control is very similar to probation except it is more intense and requires a greater amount of supervision on the part of the Community Control Officer. Many times people call community control house arrest. This is not completely accurate but it helps to illustrate the greater degree of supervision required in a community control sentence.
When you are placed on probation or community control you are advised of the conditions of that supervision. Should you violate those conditions by intentionally and materially breaking the rules then you run the risk of having that probation or community control violated. A judge will be asked to sign a warrant for your arrest and you may be kept in the County Jail pending the results of the violation hearing without bond. A judge has the authority to set bond but the judge is not required to set a bond.
You have the right to have a criminal defense lawyer represent you at the violation hearing. If you cannot afford an attorney and wish to have an attorney and qualify under Florida law, you will be entitled to a public defender to represent you. You will be brought before a judge and provided a copy of the charges against you. You will be asked if you admit or deny the violation. If you deny the violation, your matter will be set for a hearing before the judge. You do not have a right to a trial by jury on a violation hearing.
If you admit the violation then that is the same as pleading guilty to the violation and the judge will impose a sentence. Because people who violate their probation or community control are almost always looking at a certain period of incarceration, it is very important that they have the advantage of having the legal counsel of a skilled probation violation attorney. Contact AsiliA Law Firm today to learn more about your legal options when facing probation violation charges.
