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.
Violating the Terms of Your Agreement
In Florida probation violation is said to have occurred if you failed to meet the probation officer, went out of bounds, or broke another law such as being found with an open container. In such cases the probation officer will file an affidavit in court saying that you broke your probation. The court will then issue an arrest warrant and send it to the sheriff’s office. At this point you can either present yourself for arrest or wait for the law enforcement official to arrest you. You will then be lodged in jail until your bond hearing. Depending on the seriousness of the probation violation you will be set a bond that you have to pay before you are released.
At the bond hearing you and your attorney have two options. You can either deny the probation violation by explaining why you feel you had not violated the terms of your probation or explain the extenuating circumstances that lead you to violate your probation terms. This will depend on the actual terms of the violation. There is actually a third option, you could just plead guilty and wait for the judge’s response or sentence.
Not in Your Possession
For instance, if you failed to be present for a meeting with the probation officer because of a medical or family emergency, this will often be considered by the court as a valid reason and your bond amount will be low. On the other hand if you are accused of violating your probation terms by being found in possession of a controlled substance, you might have to prove that the substance was not in your possession.
For more information about this type of case contact:
Defense Attorney William R. Moore (954) 523-5333