What you need to know about violating your probation for financial reasons in Florida.

Posted about 3 years ago. Applies to Florida, 2 helpful votes

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1

Find competent local lawyer.

A great way to find a competent, diligent and zealous advocate for your cause is by using Avvo. Since you are already at Avvo, after reading this guide click on "Find a Lawyer" and use it to seek out a lawyer you feel comfortable with in your local area. Finding a local lawyer helps ensure that your legal representative knows how your Judge thinks. Another great way to find a lawyer is by going to the find a lawyer website for the the National Association of Criminal Defense Lawyers (NACDL.org): http://tinyurl.com/8ru8wtv. In Florida, FACDL, the Florida Association of Criminal Defense Lawyers find a lawyer page may be found here: http://tinyurl.com/8e4h3my Finally, when you go for your initial consultation, ask the attorney what the last case on violation of probation and financial conditions was, and what the legal standard for finding a financial violation is. If he can't tell you, look elsewhere.

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Be prepared to prepare your lawyer.

Confidentially advising your attorney of all the facts and details of your present financial condition and lifestyle helps prepare him to negotiate with the prosecutor and prepare a defense. Hiding the fact that you support your mistress' child, or neglecting to tell him you have five children will result in a poorly prepared lawyer. Bring a log of all the job interviews you have been, and all of your bills.

Additional Resources

Please be advised that on 15 Dec 2011, the Florida Supreme Court handed down a new standard for finding a probationer in violation for financial reasons. In "Carlos Del Valle v. State of Florida, SC08-2001 (found here: http://www.floridasupremecourt.org/decisions/2011/sc08-2001.pdf) the Court opined that the State must show by greater weight of the evidence that the probationer has the ability to pay and that the probationer willfully failed to pay. This burden is higher than the standard for a violation on other grounds, but not as high as beyond a reasonable doubt.

Florida Supreme Court Opinion "Carlos Del Valle v. State of Florida"

James Regan Attorney-At-Law

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