Probation Violations

Violated Probation or Community Control?

Proactive Response by Experienced Criminal Law Attorneys

A violation of probation or community control (house arrest) is a serious matter that should be promptly addressed. If the court has issued a warrant or you know you are out of compliance, we can take steps to bring you in line and avoid more legal trouble.

Ignoring a probation violation could result in an embarrassing arrest or jail time if the judge decides to revoke your probation. Hessinger & Kilfin in St. Petersburg provides the proactive and knowledgeable representation to put you in the best legal position.

Call us at (888) 863-7415 for a free consultation. We represent probationers throughout Pinellas, Hillsborough, Manatee and Pasco counties.

Probation Violation Warrants

If your probation officer determines you have violated conditions set by a judge at a prior sentencing, he or she files an affidavit with the court, which issues a warrant for your arrest. It may take days, weeks or months for police to catch up with you — but you will be arrested and taken to jail when they do. The court will respond much more favorably if you "turn yourself in" now with an attorney at your side. We frequently handle this process in court so that our clients can avoid being arrested or booked into the jail.

If your violation of probation (VOP) warrant does not provide for bond or bail (they frequently do not), our firm will file a Motion to Set Bond and petition for your release. Our goal is to convince the judge you are likely to show up for your court dates and comply with all terms of probation — proof of steady employment, established residency, local family connections, ability to pay fines, etc.

Addressing the Violation

Securing your release is only the first step. We evaluate whether your probation/community control warrant is for a substantive violation or technical violation. Different laws and outcomes apply to each.

We defend clients in many ways:

Obtaining extensions - You may just need extra time to make payments, finish treatment or complete community service.

Challenging the state's case - If we can get the new charges dismissed or reduced, a favorable outcome on the probation violation is more likely.

Requesting a continuance - In the intervening time, you can address the issues that led to the VOP warrant. For instance, paying off all fines or producing four or five clean drug tests after a "dirty UA" will go a long way with the judge when you next appear in his/her courtroom.

Other proactive steps we often urge our clients to take:

- Getting a psychological evaluation and obtaining the recommended treatment

- Entering more intensive drug or alcohol treatment and remaining drug and alcohol free for an extended period of time

- Completing case-specific programs to deal with the nature of the violation (shoplifter's awareness, anger management, driver improvement courses, educational programs, Alcoholics Anonymous, etc.)

- Finding and keeping a new job

- Moving away from the victim

Let's Take the First Step

Hessinger & Kilfin is experienced in handling all types of violation of probation and house arrest cases. The best results can be reached when the client is willing to help the attorney present the client's case is the most favorable light. Call our office for free initial consultation, by e-mail or (888) 863-7415.