A probation sentence occurs when an individual is convicted of a DUI and does not go to jail. This sentence also occurs when the offender serves a period of time in jail and is released with probation conditions set by the judge. One way for an offender to receive the maximum length of jail time is to violate their probation following their DUI conviction. This mistake is costly, time consuming, and damaging to the offender's criminal record. The stipulations for probation conditions vary from state to state, but they typically include requiring the offender to check in with their probation officer based upon a set schedule and following strict behavioral guidelines. In the state of Florida, the probation conditions are set by the judge during a court appearance.
The requirement of an alcohol monitoring device being worn by the offender throughout the duration of their probation.
Submitting to random alcohol and sobriety tests and evaluations.
Not participating in any criminal behavior or moving violations.
The requirement that the offender attend substance or alcohol abuse support groups or counseling sessions.
All probations violoations must be proven before suspected violators are convicted.
When an offender is accused of violating their probation, the state of Florida must prove the act occurred during their probation. Therefore, the offender has the right to hire an Orlando DUI lawyer to help defend their case if they are wrongly accused. When the DUI attorney in Orlando is hired, the offender should discuss in detail with them how they can set up their case to best defend the situation. Even though the offender is already on probation, the lawyer will advise them that they are still innocent until proven guilty in a court of law. The lawyer will work hard to defend them and will make every attempt to gather evidence to support their case.
What offenders can expect during a VOP hearing:
Violations of probation (VOP) hearings are not held in a courtroom with a jury, but rather in a trial court with only the judge. The same judge who issued the probation sentence and determined the offender's conditions typically handles the VOP case. Many violators are unaware of the fact that heresay evidence is admissible during these types of court cases, unlike many others, but they will not accept just heresay evidence without the presentation of other evidence to support the case. It is not uncommon for the offender to remain in custody in the state of Florida for a long period of time while waiting for their case to be heard in front of the judge. The offender's lawyer can often expedite the process without causing any harm to their client's case.
The outcomes of these trials vary from the original probation conditions being reinstated to the offender being placed into custody for a period of time. It all depends on the conditions and which ones were violated. If the judge ordered probation instead of serving a specific amount of jail time, then that specific amount of jail time may be ordered.