If you are serving a sentence which involves probation or community control, be careful. There are strict conditions that you must abide by in order to successfully complete supervision. Violations of these conditions can result in long prison –sentences. A judge, not a jury, decides if a violation has occurred. A jury trial is when the government must prove guilt beyond a reasonable doubt. But a lower standard of proof is necessary to determine if a violation has occurred.
Possibility of Jail
What is even more concerning is you can be in jail without bond before a judge has the knowledge of whether or not a violation happened. Many times an individual has a compelling reason for they could not comply with the strict terms of supervision. Through client interaction and immediate investigation, The Fletcher Law Practice can help explain your side of the story. We explain to the probation officer, the prosecutor, and the judge in an effort to prevent filing of the violation. For example, there is a possibility to arrange for a bond to be set in your case or to mitigate the ultimate sentence.
On most violation reports, your probation officer will make a sentencing recommendation to the Judge. For example, this ranges from terminating supervision without any further consequence. To reinstating supervision with the same conditions, enhancing supervision with stricter conditions. Or a jail sentence or even a lengthy prison sentence. To have Mr. Fletcher on your side is a must. For instance, he can reach out to your probation officer before the report is made to enhance the likelihood of receiving a favorable recommendation.
The Florida Sentencing guidelines will also play a role in determining the appropriate sentence for a violation. There are certain mitigating circumstances which can achieve a lesser sentence than what the guidelines call for. Attorney Rick Fletcher has represented hundreds of clients in situations where the sentencing guidelines called for prison. However, he was able to achieve a “downward departure” for his clients by successfully arguing the mitigating circumstances as set forth in the Florida Statute. The Fletcher Law Practice provides quality representation for individuals in the St. Petersburg, Clearwater, Tampa bay area who are facing a violation of probation or community control. Call today for a free consultation to see how we can help.