Miami Probation Violations Lawyers

Probation Violations:

When you are placed on probation or community control, you are advised of conditions you must complete or adhere to while be supervised. Should you violate the conditions by willfully and materially breaking the rules, your probation or community control officer could violate you. A probation officer will fill out an affidavit asking the judge to sign a warrant for your arrest. As a result, you may be kept in a county jail pending the results of a probation violation hearing or bond review hearing. A judge may set a bond for your release, but is not required to do so. Probation violation hearings are different from other criminal proceedings:

Probation Other Proceedings
Bond Review No
(Judge is not required to set a bond)
Right to Jury Trial No
(A judge will hear your case)
Burden of Proof Preponderance of evidence Beyond a reasonable doubt
Forced to Testify Yes (limited if the violation is a new charge) No


The following is a partial list of potential probation violations:

•Being arrested
•Committing a new crime
•Failure to pay a fine
•Failure to pay restitution to the victim
•Failure to enroll in or complete rehabilitation
•Failure to perform mandatory drug tests
•Failure to perform community service
•Failure to appear in court as ordered
•Violation of a restraining order
•Failure to report to a probation officer as ordered
•Possession of illegal drugs
•Under the influence of drugs
•Possession of firearms/weapons
•Associating with known criminals or gang members

If you or someone you know is facing a probation violation hearing, please contact the Offices of Benjamin & Melmer for a free consulation.  Let us use our experience and expertise as former prosecutors to help your rights are protected.