About Probation Violations in Florida.

How Our Jacksonville Probation Violation Attorneys Can Help!

If you are being accused of a minor violation of the terms of your probation, you may receive a notice to appear in the mail. If you are accused or arrested for a crime, you may be held in jail without bond until your hearing.

If you are being accused of a probation, parole or conditional release technical violation, an effective defense is critical. Prosecutors are particularly aggressive in prosecuting technical parole violations and many of the rights that you have in a normal criminal trial do not exist in a parole violation hearing. In fact, the hearing and trial for a technical parole violation are actually combined. The state could present its evidence against you and if the judge finds that you violated the conditions of your parole, the judge could sentence you to the maximum penalty under the law, on the spot.

If you have been arrested for a crime and are being accused of a substantive parole violation, the state must prove your guilt beyond a reasonable doubt to a jury in a normal trial. And you must be convicted for the new crime before a judge can rule on your substantive parole violation regarding the original crime.

In either case, our experienced Jacksonville probation violation attorneys can mean the difference between being released to continue your parole or going to prison, potentially for longer than your original sentence if you are convicted of a new crime. Our experienced criminal defense attorneys know Florida law inside out, have extensive trial experience and can quickly make motions and take legal steps to defend you. We are experts in uncovering important evidence and building strong defense strategies. If you are facing probation, parole or conditional release violations, contact our Jacksonville probation violation attorneys as soon as possible.

What Can Happen if You Violate Your Parole Conditions.

The penalties for violating parole can very serious. How serious can depend largely on the type of violation. First, it is important to understand that Florida defines a probation, parole or conditional release condition violation as “substantially” or “knowingly” violating any of their conditions. That said, in Florida there are two types of probation, parole or conditional release violations; Technical and Substantive. Technical being less of a violation than a substantive violation.

If you or a loved one has been accused of violating probation, parole or conditional release, contact our Jacksonville probation violation attorneys as soon as possible, before the arraignment if possible. We will immediately take the necessary steps to fully defend you.

Being accused of violating probation, parole or conditional release is different than a normal defense trial. You will not have the same rights that you had in your previous trial and the assistance of an experienced criminal defense attorney who can present evidence and argue an effective defense will be immensely helpful in keeping you out of prison.

Our Jacksonville parole violation attorneys are experienced criminal defense attorneys with years of trial experience. We will take the time to understand your case, gather important evidence and form a solid defense strategy designed to limit or eliminate the accusations or charges against you. Put our knowledge and experience to work for you and we will achieve the best possible outcome for you and your family.

If a previous arrest or conviction is interfering with your goals in life, petitioning the courts to expunge your arrest or conviction, or to seal your criminal records may be possible. We all make mistakes and some mistake that involve the law, can lead to arrests and convictions that can haunt you for the rest of your life. Industry professionals can loose their licenses, job opportunities are suddenly limited, and your rights to purchase and own firearms might have been taken away. And that’s just a few of ways a criminal record can interfere with reestablishing your reputation and a fresh start.

Once all time has been served, all fines have been paid, and all orders of the court have been fulfilled, Florida law allows for the records of certain convictions to be either removed permanently from your criminal record, (expunged) or sealed, both meaning that these records are no longer available to the public and most background investigations. However, there are a number of entities who are entitled to access sealed and expunged records.

Expungements or sealing of records is not available for all types of convictions, but they are available for many types of convictions. However, the road is not an easy one. The first step is to apply for eligibility. Applying for eligibility is a process that can take up to 12 weeks. If you are awarded a certificate of eligibility, you are then able to follow the process of attempting to have your criminal history either sealed or expunged. Before pursuing an expungement or sealing of your criminal records, review this list of convictions that will likely result in your request being denied.

If you believe that your criminal records are eligible for expungement or being sealed, or don’t know and would like to find out if they are, contact the Jacksonville expungement attorneys at McGRATH GIBSON LAW.