Devon Charles Lochte, the younger brother of Olympian, reality TV character and UF alumnus Ryan Lochte, was arrested Tuesday by Alachua County Sheriff’s deputies for a violation of probation after a urine sample tested positive for chemicals found in marijuana.
What are my options if I Violate My Probation in Florida?
Our Probation Violation Attorneys explain that in Florida, probation is a form of community supervision, where a person who is convicted is allowed to stay at home, work, study, and so on as long as they meet certain specified terms of their probation. These terms typically include having to stay in touch with the probation officer on a regular basis.
Is community control another name for house arrest in Broward County and is it available to underage offenders?
Yes, House Arrest is available to both adults and Juvenile Offenders.
House arrest in Florida is also called community control. It is a sentence that is given to certain criminal offenders in lieu of a prison term. Sometimes the court might sentence a person to a mix of prison term and house arrest. House arrest is less expensive for the state as the person under house arrest is expected to pay for most of the costs involved.
Our Probation Violation Lawyers in Broward County are available to discuss defenses to allegations of VOPs in South Florida.
A person under house arrest or community control in Florida can continue to live in their primary residence, travel to work, school, place of worship, hospital, and to visit the probation officer. However, they can do so only with the prior approval of the probation officer whom they need to meet each week.
Article on violations of community control published in the Broward Criminal Lawyer Online Magazine.
Community Control in Florida is a type of house arrest that is supervised by officers and/or by electronic monitoring. The offender’s freedom is restricted within a home, a community, or non-institutional residence, with certain imposed and enforceable sanctions. Community control is mainly a prison diversion program, however, it can also include probation program for sex offenders. Continue reading “Community Control Electronic Monitoring”
Following sentencing in a criminal case, a defendant, by and through his or her criminal defense attorney may be placed on criminal probation. In ordinary circumstances, the defendant may be required to meet with the probation officer once a month, or more frequently in some cases. In some situations, the defendant may also be placed on a non-reporting probation, which does not require him or her to meet with the probation officer. Our Broward County Probation Violation Lawyers always motion the court for non-reporting probation on behalf of our clients where appropriate.
At the end of the criminal probation period, typically the defendant is required to show that he or she complied with the conditions of the probation. The defendant’s record will also be checked for any instances of further criminal activity. Criminal attorneys can offer legal advice to the defendants to help them meet the terms of probation appropriately. DUI cases in Broward County require that certain special conditions be met before completion of the term.
Many criminal cases “plea out.” Of those that go to trial, they are for varying reasons, according to Fort Lauderdale criminal lawyer William Moore. Some criminal cases are great for going to trial due to the underlying facts or the conviction with with a defendant believes he is innocent or unfairly arrested. For example, when a person asserts total innocence, or when a defendant was targeted or harassed by police officers, these are better for going to trial. Likewise, when the plea agreements offered by assistant state attorneys are not good, or are not agreements the defendant would be willing to consider, trial is the best option.
In some instances, a defendant may want to take a plea agreement or it may be in his best interest to do so. For example, if a store caught the defendant on video switching the tags on expensive articles of clothing before purchasing them, it may be best to plea to the lesser offense of petit theft rather than grand theft. That way, the defendant does not risk near-certain conviction by the judge or jury without knowing the consequences in terms of sentencing. It may be in a defendant’s best interests to plead guilty or no contest in a case where he or she is unable or unwilling to do any jail time, because the defense attorney may be able to work out a plea deal with the state attorney that involves probation, classes such as anger management, or community service in lieu of time in jail. The availability of these alternatives depends on many factors, including the severity of the charge(s) and the defendant’s criminal history, if any.
So what makes a good plea agreement? The answer, from a criminal defense attorney’s perspective, is one that the client thinks is reasonably fair and which he can accomplish. For example, probation is not desirable nor possible for all defendants. If an individual is a frequent drug user, perhaps, or a long rap sheet, probation is not always the best solution, especially when it goes on for long periods of time. Unfortunately, violating probation can cause more problems and result in jail or prison time, so avoiding probation in the first instance is important for some criminal defendants.
In any case, a defendant has a constitutional right to a trial — and many should and do exercise that right, whether before a judge or a jury of their peers. For that reason, the possibility of taking a plea agreement, or what constitutes a good one in your circumstances, can be addressed by Broward criminal defense attorney Moore.
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