Seminole County Probation Lawyer

Seminole County Probation Lawyer, Fla. Probation Defense

A Violation of Probation allegation case can cause you to remain in jail for weeks or months until your VOP case is resolved. My first priority is to get you out of jail. I can file a ‘Motion to Set Bond’ to ask the court for your immediate release. Mysecond priority is to keep you out of jail. Often times, for a minor violation or first violation, I can have the court reinstate your probation with minimal additional sanctions.

I offer a free consultation so that you can discuss your VOP case with a former prosecutor and experienced Seminole County violation of probation lawyer. My goal is to review the facts of your case to determine what needs to be done to avoid a conviction and a prolonged jail sentence. Call me to find out the best way to fight your VOP charges.

Hallway in an old prison. Output end of the tunnel

Most VOP proceedings begin with the VOP judge issuing a no-bond arrest warrant. Although as a matter of Florida law, you are not entitled to a bond for any VOP case, you have the right to petition the court to set a bond by filing a ‘Motion to Set Bond.’ This motion can be scheduled on an emergency basis and you have the right to present facts and arguments that support your immediate release. The court will consider many factors including:

  1. Is this your first violation of probation?
  2. How long have you lived in Central Florida?
  3. Do you have family in the area?
  4. Have you ever failed to appear for court?
  5. How serious are the VOP allegations?
  6. Do you have a prior criminal record?
  7. If released, do you present a danger to the community?

Differences Between a Probation Case & New Offense

There are several major differences in a VOP proceeding. Unlike before when you were arrested for a criminal offense, in a VOP proceeding you are not entitled to a bond, you are not entitled to a jury trial and the standard of evidence is preponderance of the evidence. So the judge can keep you in jail the whole time and violate your probation if he or she alone thinks it is more likely than not that you violated your probation.

Probation Penalties in Seminole County, Florida

Upon a violation of probation conviction the court can sentence the probationer to any lawful sentence. The sentence can exceed what was previously imposed. So a 24-month felony probation sentence on a possession of marijuana charge can now turn into a five-year state prison sentence. The judge can give the maximum or minimum or anywhere in between upon a VOP conviction. Also know that being convicted of a violation of probation requires the judge to adjudicate you guilty of the underlying offense. A felony conviction will require you to register with the Sheriff’s Office in the county of your residence as a convicted felon and will result in a loss of your civil rights. Any VOP conviction, felony or misdemeanor, will forever disqualify you from ever having this conviction sealed or expunged from your criminal history.

Seminole County Felony Probation Violation Procedures

Seminole County felony court handles their VOP cases much different than Orange County. There are four felony trial divisions and five misdemeanor trial divisions and each of the nine Seminole County criminal judges handles their own VOP caseload. Click Seminole County VOP for a full explanation of the Seminole County VOP process.

Seminole County Misdemeanor Probation Violation

There are five Seminole County misdemeanor divisions and each division handles their own VOP cases. Currently the five Seminole County misdemeanor judges are the Honorable Donna Goerner, the Honorable William Orth , the Honorable Melissa Souto, the Honorable Donna McIntosh and the Honorable John Woodard. Seminole County misdemeanor cases are heard on Mondays and each judge hears VOP cases once every five weeks.

Early Termination

Defendants sentenced to probation on or after October 1, 2019, can apply for early termination and be granted early termination or have standard probation converted to administrative probation if all of the following requirements are met:

(a) The probationer has completed at least half of the term of probation to which he or she was sentenced.
(b) The probationer has successfully completed all other conditions of probation.
(c) The court has not found the probationer in violation of probation pursuant to a filed affidavit of violation of probation at any point during the current supervisory term.
(d) The parties did not specifically exclude the possibility of early termination or conversion to administrative probation as part of a negotiated sentence.
(e) The probationer does not qualify as a violent felony offender of special concern under s. 948.06.
Early termination may not be granted if the State provides written findings that continued probation is necessary to protect the community or the interests of justice. Early termination does not automatically apply to an offender on community control or those who have violated their probation.

Call Me at 407-740-7275 for a Free Consultation

Simply put, my goal is to help you get out of jail and stay out of jail. Contact me to discuss your case. I defend all Seminole County community control, felony probation and misdemeanor probation cases.  I am open six days a week and I can always see you as soon as today or tomorrow.

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Seminole County Probation Lawyer, Fla. Probation Defense

A Violation of Probation allegation case can cause you to remain in jail for weeks or months until your VOP case is resolved. My first priority is to get you out of jail. I can file a ‘Motion to Set Bond’ to ask the court for your immediate release. Mysecond priority is to keep you out of jail. Often times, for a minor violation or first violation, I can have the court reinstate your probation with minimal additional sanctions.

I offer a free consultation so that you can discuss your VOP case with a former prosecutor and experienced Seminole County violation of probation lawyer. My goal is to review the facts of your case to determine what needs to be done to avoid a conviction and a prolonged jail sentence. Call me to find out the best way to fight your VOP charges.

Hallway in an old prison. Output end of the tunnel

Most VOP proceedings begin with the VOP judge issuing a no-bond arrest warrant. Although as a matter of Florida law, you are not entitled to a bond for any VOP case, you have the right to petition the court to set a bond by filing a ‘Motion to Set Bond.’ This motion can be scheduled on an emergency basis and you have the right to present facts and arguments that support your immediate release. The court will consider many factors including:

  1. Is this your first violation of probation?
  2. How long have you lived in Central Florida?
  3. Do you have family in the area?
  4. Have you ever failed to appear for court?
  5. How serious are the VOP allegations?
  6. Do you have a prior criminal record?
  7. If released, do you present a danger to the community?

Differences Between a Probation Case & New Offense

There are several major differences in a VOP proceeding. Unlike before when you were arrested for a criminal offense, in a VOP proceeding you are not entitled to a bond, you are not entitled to a jury trial and the standard of evidence is preponderance of the evidence. So the judge can keep you in jail the whole time and violate your probation if he or she alone thinks it is more likely than not that you violated your probation.

Probation Penalties in Seminole County, Florida

Upon a violation of probation conviction the court can sentence the probationer to any lawful sentence. The sentence can exceed what was previously imposed. So a 24-month felony probation sentence on a possession of marijuana charge can now turn into a five-year state prison sentence. The judge can give the maximum or minimum or anywhere in between upon a VOP conviction. Also know that being convicted of a violation of probation requires the judge to adjudicate you guilty of the underlying offense. A felony conviction will require you to register with the Sheriff’s Office in the county of your residence as a convicted felon and will result in a loss of your civil rights. Any VOP conviction, felony or misdemeanor, will forever disqualify you from ever having this conviction sealed or expunged from your criminal history.

Seminole County Felony Probation Violation Procedures

Seminole County felony court handles their VOP cases much different than Orange County. There are four felony trial divisions and five misdemeanor trial divisions and each of the nine Seminole County criminal judges handles their own VOP caseload. Click Seminole County VOP for a full explanation of the Seminole County VOP process.

Seminole County Misdemeanor Probation Violation

There are five Seminole County misdemeanor divisions and each division handles their own VOP cases. Currently the five Seminole County misdemeanor judges are the Honorable Donna Goerner, the Honorable William Orth , the Honorable Melissa Souto, the Honorable Donna McIntosh and the Honorable John Woodard. Seminole County misdemeanor cases are heard on Mondays and each judge hears VOP cases once every five weeks.

Early Termination

Defendants sentenced to probation on or after October 1, 2019, can apply for early termination and be granted early termination or have standard probation converted to administrative probation if all of the following requirements are met:

(a) The probationer has completed at least half of the term of probation to which he or she was sentenced.
(b) The probationer has successfully completed all other conditions of probation.
(c) The court has not found the probationer in violation of probation pursuant to a filed affidavit of violation of probation at any point during the current supervisory term.
(d) The parties did not specifically exclude the possibility of early termination or conversion to administrative probation as part of a negotiated sentence.
(e) The probationer does not qualify as a violent felony offender of special concern under s. 948.06.
Early termination may not be granted if the State provides written findings that continued probation is necessary to protect the community or the interests of justice. Early termination does not automatically apply to an offender on community control or those who have violated their probation.

Call Me at 407-740-7275 for a Free Consultation

Simply put, my goal is to help you get out of jail and stay out of jail. Contact me to discuss your case. I defend all Seminole County community control, felony probation and misdemeanor probation cases.  I am open six days a week and I can always see you as soon as today or tomorrow.

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