Probation can serve as a second chance for individuals who have been convicted of a crime. It’s an opportunity to avoid jail or prison time while still being held accountable for your actions under strict supervision. But. what happens if you get a felony while on probation? The reality is, there are typically very serious consequences. Understanding your legal options can make all the difference in navigating this challenging situation
At The Law Office of Colleen Glenn, P.A., we know how overwhelming it can be charged with a new offense while on probation. Our experienced legal team is here to fight for your rights and provide the guidance you need during this difficult time. Here, we’ll break down what probation entails, the consequences of committing a felony while on probation, and how we can help you get the best possible outcome.
What is Probation?
Probation is a court-ordered period of supervision that allows individuals convicted of a crime to remain in their community rather than serving a jail sentence. While on probation, individuals must comply with the specific terms and strict conditions set by the court. These conditions often include:
- Regular check-ins with a probation officer.
- Maintaining employment or attending school.
- Abstaining from drugs and alcohol (often with regular drug testing).
- Avoiding further criminal activity.
- Paying fines, restitution, or court fees.
- Completing community service, counseling, or treatment programs.
The primary goal of probation is rehabilitation. It allows individuals to demonstrate that they can abide by the law and contribute positively to their community. However, probation is not without its challenges. Even minor missteps can result in violation of probation (VOP), and more serious offenses, such as committing a felony, can lead to significant legal repercussions.
Consequences of Committing a Felony While on Probation
Committing a felony while on probation is considered a serious violation. Not only are you facing new criminal charges for the felony, but you’re also at risk of penalties for violation of your probation. Here’s what you need to know about the potential consequences:
1. Probation Violation Proceedings
When you are accused of committing a felony while on probation, your probation officer will likely file a violation report with the court. This initiates a probation violation hearing, during which the court will determine whether you violated your probation terms.
Unlike a criminal trial, probation violation hearings do not require proof beyond a reasonable doubt. Instead, the standard of proof is a “preponderance of the evidence,” meaning it is more likely than not that you violated your probation.
2. Revocation of Probation
If the court finds that you violated your probation by committing a felony, your probation may be revoked. This means you could be required to serve the original sentence (jail or prison) that was suspended when you were placed on probation.
3. Additional Sentencing for the New Felony
In addition to facing penalties for the probation violation, you will also be subject to sentencing for the new criminal charges. Felony convictions in Florida can carry very serious consequences, including substantial fines, lengthy prison sentence, and a permanent criminal record.
4. Enhanced Penalties
Judges may impose harsher penalties for both the probation violation and the new felony charge due to the perceived failure to comply with the terms of probation. This could mean longer sentences, higher fines, or additional restrictions upon release.
5. Collateral Consequences
Beyond the immediate legal penalties, committing a felony while on probation can have lasting effects on your life. These may include difficulty finding employment, loss of certain civil rights (such as voting or owning firearms), and damage to your personal and professional reputation.
How The Law Office of Colleen Glenn Can Help
Facing felony charges while on probation is a daunting experience, but you don’t have to face it alone. The Law Office of Colleen Glenn, P.A., specializes in criminal defense and probation violation cases. Here’s how we can assist you:
1. Comprehensive Case Evaluation
We begin by thoroughly reviewing your case, including the circumstances surrounding the alleged felony and the terms of your probation. This allows us to identify potential defenses and develop a strategic plan tailored to your unique situation.
2. Challenging the Evidence
Our team meticulously examines the evidence against you to identify weaknesses or inconsistencies. Whether it’s questioning the legality of a search and seizure or disputing the credibility of witnesses, we leave no stone unturned in building your defense.
3. Advocating at Probation Violation Hearings
Probation violation hearings require skilled legal representation. We will present evidence, call witnesses, and argue on your behalf to demonstrate that the alleged violation did not occur or that mitigating circumstances warrant leniency.
4. Negotiating with Prosecutors
In some cases, we may be able to negotiate with prosecutors to reduce the charges or penalties you’re facing. For example, we may advocate for alternative sentencing options, such as extended probation or participation in a rehabilitation program, rather than jail time.
5. Providing Compassionate Support
A great attorney-client relationship makes a big difference. We understand that facing legal challenges can be an emotional and stressful experience. Our team is committed to providing compassionate support and clear communication throughout the legal process. You’ll never feel like just another case number at The Law Office of Colleen Glenn, P.A.
Steps to Take if You’re Accused of a Felony While on Probation
If you’ve been accused of felony probation violation, it’s crucial to take immediate action to protect your rights and build a strong defense. Here are the steps you should take:
- Contact an Attorney ImmediatelyTime is of the essence when facing new charges and a probation violation. Reach out to an experienced criminal defense and probation violation attorney as soon as possible to discuss your case and begin preparing your defense.
- Do Not Speak to Law Enforcement Without Legal RepresentationAnything you say to law enforcement can be used against you in court. Exercise your right to remain silent until you have an attorney present.
- Comply with Probation ConditionsContinue to follow the terms of your probation to the best of your ability. This demonstrates your willingness to comply with the law and may work in your favor during court proceedings.
- Stay Informed and InvolvedStay engaged with your criminal defense attorney and make sure you understand each step of the legal process. Being proactive can help alleviate some of the stress and uncertainty.
Committing a felony while on probation can have life-altering consequences, but with the right legal representation, it is possible to navigate this challenging situation and work toward the best possible outcome. At The Law Office of Colleen Glenn, P.A., we are dedicated to protecting your rights and fighting for your future. If you or a loved one are facing charges while on probation and need legal advice, don’t wait to seek help. Contact us today for a free consultation and take the first step toward resolving your case. Your future matters. Let us help you protect it.
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