Seminole County Probation Lawyer

Violation of 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. Our first priority is to get you out of jail. We can file a ‘Motion to Set Bond’ to ask the court for your immediate release. Our second priority is to keep you out of jail. Often times, for a minor violation or first violation, we can have the court reinstate your probation with minimal additional sanctions.

At Bryce Fetter, P.A. we offer a free consultation so that you can discuss your VOP case with a former prosecutor and experienced Seminole County violation of probation lawyer. Our 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 Bryce A. Fetter, P.A. to find out the best way to fight your VOP charges.

Seminole County Probation Bond Hearing

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:

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

CALL BRYCE FETTER TODAY

We offer a free consultation so that we can learn about you, learn about your case and determine how we can help.

 

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. Our first priority is to get you out of jail. We can file a ‘Motion to Set Bond’ to ask the court for your immediate release. Our second priority is to keep you out of jail. Often times, for a minor violation or first violation, we can have the court reinstate your probation with minimal additional sanctions.

At Bryce Fetter, P.A. we offer a free consultation so that you can discuss your VOP case with a former prosecutor and experienced Seminole County violation of probation lawyer. Our 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 Bryce A. Fetter, P.A. 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 Jim Dekleva, the Honorable Mark Herr, the Honorable Debra Krause, the Honorable Frederic Schott and the Honorable John Woodard. Seminole County misdemeanor cases are heard on Mondays and each judge hears VOP cases once every five weeks.

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

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

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