Violation of Probation

When an individual violates the law in the Florida Keys, Key West, Marathon, Islamorada, Plantation Key or in any state, he may be placed on probation in lieu of a receiving a prison term at the discretion of the sentencing judge. At sentencing, he will be given a written list of probation terms and conditions which he must follow closely. Should he fail to comply with these terms or commit a new crime, he may be arrested and sent to prison.

Probation Terms

The probation terms mandated by Florida legislation also allow for the courts and probation officer in Key West, Marathon, Islamorada, Plantation Key or any of the Florida Keys to add special conditions for the defendant depending on the nature of the crime he has committed. Some of these standard terms include paying court fees as directed, completion of community service or counseling as ordered, complying with substance-abuse testing, submitting to search and seizure, reporting to a probation officer as directed and obeying all laws. Defendants on community control supervision, a tightly regimented home arrest program, must adhere to not only the standard probation terms but to strict curfew regulations as well.

Consequences of Violations

Probation violators in Key West, Marathon, Islamorada, Plantation Key and in the Florida Keys will be sentenced based on a continuum of progressively restrictive sanctions based on their needs, victim concerns and community safety issues. Enhanced sanctions include additional probation terms, longer probation supervision, a jail term in addition to probation, community control supervision, prison or some combination of the above. For instance, should a defendant violate probation by using drugs, he may be arrested and placed in jail until a bed space at an inpatient treatment facility becomes available, thus receiving both jail time and the enhanced sanction of residential treatment.

Types of Violations

In the Florida Keys, as in most states, there are two types of probation violations. Technical violations occur when the offender violates one of the "technical" probation terms, including failure to report, failure to pay court fees, failure to attend counseling or failure to complete community service hours. The commission of a new crime results not only in possible new charges for the new offense but probation violation charges as well. An offender may receive probation for one offense and prison for the other offense or he may receive probation for both or prison for both. The probation officer will make a recommendation to the court at sentencing, though a judge maintains discretion as to the final sentencing decision.

If you believe that a warrant may have been issued for your arrest because you may have a violation of probation, contact aggressive & experienced former prosecutor Maggie Gutierrez, your Key West, Marathon, Islamorada, Plantation Key and Monroe County, Florida attorney, to protect your rights.  

Ms. Gutierrez has 23 years of experience in handling violation of probation cases as a former prosecutor and defense attorney.  

A violation of probation case can have potentially long-term effects on your probation terms and your probation period.  If you have been served with a warrant for a violation of probation issued by a judge in Key West, Marathon or Plantation Key, you should contact the Law Office of Margaret M. Gutierrez, P.L. and Maggie Gutierrez immediately to discuss your violation of probation case. 

The Judge in your violation of probation case may not have set a bond or terms of release.  You should contact Key West, Marathon and Plantation Key lawyer Maggie Gutierrez to discuss having a Motion to Set Bond scheduled so that you will not be incarcerated pending your violation of probation hearing date.

To be prepared when you step into court contact Florida Keys Attorney and Key West Lawyer Maggie Gutierrez and the Law Office of Margaret M. Gutierrez, P.L.  Florida.

At the  Law Office of Margaret M. Gutierrez, P.L. we will provide you with over 22 years of experience of a former prosecutor, Maggie Gutierrez.  

The Florida Keys Violation of Probation Attorneys at the  Law Office of Margaret M. Gutierrez, P.L.  serve the entire Florida Keys, including Key Largo, Islamorada, Marathon, Big Pine Key and Key West.