Many criminal defendants are relieved to receive a probation sentence instead of jail time when convicted of an offense. While probation has many benefits, it is also a strict overseen process with many requirements, costly in both time and, sometimes, money. Probation can require you to attend regular appointments, undergo substance abuse evaluations or treatment, take drug or alcohol tests, restrict your usual activities, pay costs, and much more.
Being accused of a probation violation can create new legal troubles, including having a court date and the possibility of extending or losing your probation altogether. While many people do not take probation violations as seriously as initial criminal charges, they should, as your future and freedom are on the line in probation violation cases.
Having the right Miami probation violation attorney can mean the difference between freedom and jail time when facing probation violation allegations in Miami-Dade County. At Stroleny Law, we understand the seriousness of probation violations and will fight to protect your rights and freedom.
Our law firm is located in the heart of downtown Miami at 66 West Flagler Street, Suite 1005, Miami, FL 33130. We are here to help with any probation violation issues. Call (305) 615-1285 to discuss how our Miami probation violation attorney can protect you.
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Why Hire Stroleny Law?
Criminal defense lawyer Julian Stroleny brings a unique perspective to probation violation cases. He was an Assistant State Attorney before founding Stroleny Law. His experience on both sides of the courtroom gives him valuable insights into how prosecutors approach probation violation cases. A Super Lawyer, Mr. Stroleny is one of Miami’s respected criminal defense attorneys, handling all types of charges, including probation violation cases.
As an Assistant State Attorney, Mr. Stroleny learned how the prosecution builds cases against those accused of probation violations. That knowledge now serves his clients well, as he can anticipate and counter the prosecutor’s moves. His dedication to criminal defense and defendants’ rights has earned him respect from his peers and clients.
Awards and Recognition
The legal community has recognized Mr. Stroleny’s skills. Peers selected him as a Super Lawyer Rising Star for five years, from 2019 to 2023. This designation is given through a peer-review process and awards attorneys who have achieved high professional achievement and ethical standards.
Additionally, he received the Three Best Rated in 2022—meaning one of the top-rated lawyers in Miami. Martindale-Hubbell also designated him a Client Champion in 2022, reflecting his dedication to client satisfaction and results. These awards recognize professional excellence and Mr. Stroleny’s commitment to client service.
Media and Community
Mr. Stroleny has been featured in major media outlets like NBC 6 South Florida, Law.com, and VoyageMIA. Therefore, he is a go-to criminal defense expert. His appearances and input in these outlets show that he can handle detailed legal issues and authoritatively discuss criminal defense.
Practical Experience and Client Advocacy
Attorney Stroleny uses his extensive trial experience from both sides of the courtroom when handling probation violation cases. His background gives him the ability to examine a case from multiple angles, find weaknesses in the prosecution’s case, and develop a defense strategy. As a former prosecutor, he knows how probation violation cases are developed and prosecuted.
Mr. Stroleny’s approach combines legal experience with compassion for clients with probation violations. He knows many violations are due to circumstances beyond the client’s control, and he works hard to present those mitigating factors to the court. His experience in DUI defense adds another layer of legal support when probation violations involve substance-related issues.
Client-Focused
Mr. Stroleny’s advocacy goes beyond the courtroom. He takes the time to understand each client’s situation, explain the legal options in plain language, and develop a strategy tailored to the client. This approach helps clients make informed decisions about their cases and experience ongoing support throughout the legal process.
If you are in need of a Miami probation violation defense attorney, look no further than Stroleny Law today.
Probation Violations in Miami-Dade County
Probation is an alternative to incarceration, often available for misdemeanor or lesser felony offenses. This sentencing option enables individuals to remain in the community under court supervision, following specific court-ordered conditions. However, probation conditions can be demanding, and even minor infractions can have serious consequences. Understanding probation violations and the consequences allows convicted individuals to understand their rights better.
A probation violation occurs when an individual fails to meet any of the conditions of their probation. These violations can be technical infractions or new criminal charges, each with serious repercussions. When a breach occurs, the probation officer will file a violation report with the court and a warrant for arrest. They’ll follow up by scheduling a violation hearing where the court will determine if a violation occurred and, if so, what penalties to impose.
Types of Probation Violations
Probation conditions can vary from case to case, meaning there can be many types of violations. The following are some of the most common our Miami probation violation lawyer from Stroleny Law sees:
- Failure to Report: One of the most common violations is not reporting to a probation officer. You need to report regularly to progress and follow probation. Missing a scheduled appointment, even due to work or transportation issues, can be a violation.
- New Criminal Charges: The most serious type of violation is committing a new crime while on probation. Even a minor offense can be a violation, resulting in the court revoking your probation.
- Drug and Alcohol Violations: Many probation agreements have substance use restrictions. Failed drug tests, possession of controlled substances, or consuming alcohol when prohibited can be violations. These violations often occur when individuals struggle with addiction or socialize in environments where substances are present.
- Unauthorized Travel: Probationers must obtain permission to leave their assigned jurisdiction. Unauthorized travel, even for family emergencies or work obligations, can be a violation.
- Employment and Residence: Maintaining employment and approved housing requirements are common probation conditions. Job loss or housing changes without proper notice can be a violation even when circumstances are beyond the probationer’s control.
- Financial Hardship: The court imposes court costs, fines, and restitution payments during probation. Economic hardship, job loss, or unexpected expenses can make meeting these obligations burdensome and trigger violations.
- Program Participation: Court-ordered programs such as anger management, substance abuse treatment, or domestic violence classes require consistent attendance and completion. Work schedules, transportation issues, or program costs can hinder compliance. As a result, a probation violation may ensue.
- Possession of Weapons: Many probationers can’t possess firearms or other weapons. Living with family members who legally own firearms or working in environments where tools can be considered weapons can be an unintentional violation.
Understanding the root cause of probation violations helps to avoid issues and infractions. Many violations occur due to circumstances beyond the probationer’s control, not because of a willful disregard of court orders. Stroleny Law knows that some common issues that lead to alleged violations include:
- Economic problems
- Substance abuse
- Mental health
- Family responsibilities
- Transportation difficulties
- Misunderstanding probation terms
We assess the entire situation to build the strongest case against additional penalties for an alleged violation.
Our Approach to Defending Probation Violations
Probation violations often occur due to complicated circumstances, not intentional non-compliance. Our defense strategy starts with thoroughly reviewing the alleged violation and its surrounding factors. We look for valid defenses and mitigating factors to resolve the breach in your favor.
We can present a defense at your violation hearing if you’re accused of violating your probation. The court must consider certain defenses before deciding whether to revoke probation. Below are the main categories of defenses our Miami probation violation lawyer might present.
Lack of Willfulness
The most fundamental defense is showing that the violation was not willful. The violation must be intentional rather than accidental or beyond the probationer’s control for probation to be revoked.
For instance, if someone misses a probation appointment because of an emergency, their action isn’t considered willful. Similarly, if someone loses their job and can’t pay restitution, they are not willfully violating their probation.
Mistaken Identity or False Allegations
Sometimes, probation violations result from incorrect information or false accusations. This defense requires presenting evidence that establishes an alibi or demonstrates the unreliability of the accusation.
Substantial Compliance
Courts may consider whether the probationer has substantially complied with the terms of probation overall, even if there were minor technical violations.
For example, if someone has maintained employment, attended most required programs, and stayed drug-free for an extended period, a judge might be lenient about a missed appointment or late payment, especially if steps were taken to correct the issue promptly.
Due Process Violations
Procedural defenses focus on whether another party violated the due process rights of the probationer. These rights include:
- Receiving proper notice of the alleged violation
- Having an opportunity to prepare a defense
- Being represented by counsel
- Having a hearing before an impartial judge
- Being able to present evidence and cross-examine witnesses
If someone violated your rights, their activities may serve as a defense against infringement.
Inability to Comply
Sometimes, circumstances genuinely prevent compliance with specific probation terms. Reasons might include:
- A physical disability that prevents attending in-person meetings
- Mental health issues that disrupt program participation
- Natural disasters or emergencies that prevent compliance
- Lack of transportation in areas without public transit options
The key is demonstrating that the inability was legitimate and that the probationer made reasonable efforts to overcome the difficulties.
Constitutional Violations
If authorities obtained evidence of a violation through unconstitutional means – such as forced self-incrimination – it may be possible to exclude that evidence from consideration.
This defense requires showing that authorities violated the client’s constitutional rights when gathering evidence for the alleged violation.
Rehabilitation Progress
While not strictly a legal defense, evidence of significant rehabilitation progress can influence how a court responds to an alleged violation. This evidence might include:
- Completion of treatment programs
- Maintaining steady employment
- Pursuing education
- Community service involvement
- Strong support system development
Courts may consider such factors when deciding whether to revoke probation or impose alternative sanctions.
Supporting Your Defense
When presenting the above defenses, your probation violation attorney must provide supporting documentation and evidence whenever possible. This evidence might include:
- Medical records
- Employment records
- Treatment program attendance records
- Witness statements
- Communication records with probation officers
- Evidence of reasonable faith efforts to comply
Understanding the defenses is particularly important because probation violation hearings have a lower standard of proof than criminal trials. Typically, you must show “preponderance of the evidence” rather than proving your case “beyond reasonable doubt.” Therefore, presenting a strong defense to maintain a client’s probation status is essential.
The Consequences of Violations
The consequences of probation violations can be severe and long-lasting. Courts have a wide latitude in handling violations, from modifying probation to complete revocation and imprisonment. Knowing these consequences is why you need experienced legal help.
Legal Penalties
When a violation happens, the court may impose the following:
- Additional probation time
- Modified probation conditions
- Increased reporting requirements
- Electronic monitoring
- Mandatory treatment programs
- Imprisonment for the remainder of the original sentence
Probation violations can have long-term effects beyond the immediate legal consequences, such as the following:
- Criminal record implications
- Employment problems
- Housing restrictions
- Limited educational opportunities
- Immigration status complications
Preventing Violations
While we are great at defending against violation allegations, preventing violations is always better. We advise clients on how to stay compliant:
Documentation: Keep detailed records of all probation-related activities, including:
- Meeting attendance
- Payment receipts
- Program Participation
- Employment records
Communications with Probation Officers
Communicate with probation officers about potential issues or conflicts. Many officers will work with probationers to address the problems before they become violations.
Call Our Miami Probation Violation Attorney from Stroleny Law Now
If you face probation violation charges in Miami-Dade, Broward, or Palm Beach County, don’t wait until you get arrested. Call us now at (305) 615-1285. We know how urgent probation violations are and will act fast to protect your rights and freedom.
Don’t forget probation violations don’t mean you must go back to jail. By working with Stroleny Law, you have a probation violation attorney who knows both sides of the criminal justice system and will fight for your freedom and future. Let our legal experience work for you.
