Probation Procedures, Requirements and Violations
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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.Criminal Probation: Restrictions and Relief
If the defendant has remained on probation for a considerably long period of time without any trouble, he or she may be permitted to report to the probation officer by mail. However, periodic information on the activities during probation may still have to be provided to the probation officer. Drug convicts may be required to report to the criminal probation officer periodically for drug testing. A probationer is typically required to seek permission if he or she is planning to change the job. Restrictions may also be placed on leaving the state without the permission of the probation officer. The defendant may seek legal assistance from a Fort Lauderdale criminal lawyer to obtain certain relief during probation.
Duration of Probation
The criminal probation period may typically last anywhere between one and three years. However, depending on the state laws and the nature of crime committed, the period may be longer. Certain drug related offenses may result in “life probation.” In such a case, the convict remains on probation indefinitely. In some cases, an early discharge from probation may be considered by the probation officer, depending on whether the probationer has fulfilled all other probation requirements. However, this is a rare occurrence and most probationers end up completing their full term of probation. Those who are found in violation of the terms of probation are required to report to the probation officer more frequently. Defendants may discuss with a criminal attorney Fort Lauderdale to check the legal possibility of reducing the term of probation in exceptional situations.
Electronic Monitoring During Probation
Electronic monitoring devices may be used during probation. Such a device is a portable unit that is strapped to the leg of the probationer. It allows the probation office to remain connected and track the movements of the probationer. Such devices may also be used during a house arrest. In recent years, such sophisticated devices are being used increasingly as an effective way to enforce the terms and conditions of the probation.
Criminal Probation Violation
In the event of a violation of the terms of probation, the probation officer may issue a warning to the probationer. In some cases, the probationer may be asked to appear in the court for a hearing about the violation. The probation officer in such a hearing is likely to ask for additional punishment, which may involve incarceration.