In some Florida criminal cases, the courts will sentence a defendant to probation rather than imprisonment. People on probation must abide by the terms and conditions of their sentence, however, and if they do not, their probation may be revoked. Generally, though, inadvertent and unintentional probation violations are insufficient to warrant revocation, as shown in a recent Florida ruling. If you are accused of violating the terms of your probation, it is prudent to consult a dedicated Tampa probation violation defense attorney to assess your options.
The Alleged Violation
It is reported that the defendant was charged with a third-degree domestic violence felony after he struck the victim, who was his girlfriend. He pleaded guilty pursuant to a negotiated plea and was sentenced to six months in prison with credit for all but one day served, to be followed by probation. The terms of his probation included a requirement that he abide by the state and federal law, complete a batterer’s intervention program, and maintain peaceful contact with his victim. He was subsequently arrested for domestic violence battery for assaulting the victim.
Allegedly, the state filed numerous iterations of an affidavit of probation violation, arguing the defendant violated his probation in three ways: by calling the victim from jail and for being arrested for two separate domestic violence crimes. Following a hearing, the court issued a revocation order on the grounds that the evidence supported the finding that the defendant violated the terms of his probation. He appealed, arguing that the state failed to show that he knowingly violated the peaceful contact condition. Continue Reading ›