CENTRAL FLORIDA VIOLATION OF PROBATION

DEFENSE ATTORNEY KEN LEWIS

Why hire attorney Ken Lewis to defend you on a violation of probation charge?  

  • former chief homicide prosecutor for Orlando and Osceola Counties

  • over 50 murder trials 

  • over 200 felony trials

  • experience in all areas of violation of probation criminal defense 

  • over 25 years of experience

  • aggressive, tireless, prepared

Choosing the right violation of probation criminal defense attorney is the most important decision of your life!

When it comes to defending a violation of probation charge there is no substitute for experience. Attorney Ken Lewis has tried numerous high profile Central Florida murder cases such as the Cady Way killings. Ken Lewis has had experience with all aspects of violations of probation charges and sentencing under the Florida sentencing guidelines. As an aggressive trial attorney prosecutors know that I will take the case to a final violation of probation hearing.  I have had excllent results in the form of dismissals, departures and reinstatements. There are only a handful of lawyers in Florida have had over 50 murder trials. If you are convicted of violation of probation in Florida you could be facing a lengthy prison sentence. Are you willing to take that chance?  

 

Attorney Ken Lewis represents clients on violation of probation charges in Orange, Osceola, Seminole, Lake, Flagler, Volusia, Duval, St. Johns, Sumter, Alachua, Brevard, Escambia, Leon, Broward, Palm Beach, Hillsborough, Pasco, Pinellas, Bradenton, Sarasota  and surrounding counties.  

Violation of Probation in Florida

Violation of Probations;   Florida Statute 948.06 and Florida Rule of Criminal Procedure 3.790

 

How is a violation of probation initiated? 

1)  An arrest for a new law violation when the officer finds out the Defendant is on probation. This can occur without a VOP warrant however the VOP officer may write a VOP affidavit to add additional violations such as failure to pay or failure to report. 

2)  The probation officer files a Violation of Probation Affidavit. 

In this case a warrant is issued and the Defendant is will be arrested on the VOP warrant. However, the judge may also issue a notice to appear under certain situations.

3)  A judge at first appearance for a new law arrest can issue a VOP warrant. 948.06(c).   

See Fla. Statute 948.06(1)(b) 

Am I entitled to bond on a violation of probation?

No for certain qualifying offenses it is discretionary and the court can choose to give bond but under 948.06(4) the court has the discretion to deny bond unless the judge is precluded from giving bond under the AMA Anti-Murder Act for any crime committed after March 12, 2007

What are the Courts sentencing options?

Every violation of probation is a unique case and sentencing depends on the nature of the violation (technical violation or new law violation) the severity of the charge, and the criminal punishment scoresheet. Unlike substantive charges the court can modify, reinstate or revoke and terminate your probation even if you score prison.  

Do I have to be adjudicated guilty if I violate probation after I was given a withhold of adjudication? 

It depends

Statute 948.06(2)(b) & (e) hold that a court must adjudicate if they revoke and term probation. The court can however modify the term of probation and continue the withhold even if there is a violation. 

 

How does youthful offender status affect a violation of probation?

When a defendant violates his youthful offender by committing a substantive violation the court is not bound to the usual youthful offender of six years or less and can impose up to the statutory maximum for the underlying charge but the court is required to keep the youthful offender status. 

 

Can the court depart from the sentencing guidelines in the event of a violation of probation?

Yes

A modification or extension of a sentence is not technically considered a sentence so the court can modify or extend conditions of probation and depart from the sentencing guidelines. 

 

What happens to my term of probation upon the filing of a violation of probation affidavit?

The term of probation is tolled until the court enters a ruling on the violation if an affidavit is filed and a warrant is issued. 

What you need to know before you hire a violation of probation (vop) attorney

There is no substitute for trial experience and trial success in defending violation of probation cases. These cases often involve enhanced sentences and require less proof. Beware of  bogus attorney awards and firms that spend the majority of their time defending misdemeanors and traffic cases. Ken Lewis, former chief homicide prosecutor in Orlando, has personally tried over 50 murder cases. You don't want a DUI lawyer handling your serious felony. Do not hire a lawyer without knowing how many felony jury trials they have tried. We are one of the few serious felony specialist criminal defense law firms in existence. We handle only a limited number of serious felony cases, and take a limited number of clients, which assures your case is getting the due diligence, knowledge and expertise required to get you the best possible outcome. Your case will never be passed off to an inexperienced associate. Throughout the process I will personally answer your questions and keep you informed.  Call today for a free consultation!   

Free consultations - 24 hour service

Orlando Office

1220 Commerce Park Drive Suite 207

Longwood, Fl. 32779

Tampa Office

400 N. Ashley Drive, Suite 1900

Tampa, Fl. 33602

copyright 2020-all rights reserved

THE LEWIS LAW FIRM, P.A.

Former Prosecutor Ken Lewis

Central Florida Criminal Defense

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