If you were convicted of a felony criminal offense in the State of Florida you may have been sentenced to a term of probation in addition to, or in place of, a term of imprisonment. While you are on a probation hold you are required to abide by a number of standard and special conditions placed on you by the sentencing court. If you are on felony probation and received a notice to appear for a new offense will you go to jail in Florida? Only an experienced criminal defense attorney can review the unique facts and circumstances of your situation and provide you with individualized advice; however, some general information regarding probation violations may also be helpful.
If you are sentenced to probation, you will be informed that you must follow all standard and special conditions of your probation. Standard conditions are things that apply to everyone while on probation and may include items such as:
• Reporting to a probation officer as directed
• Maintaining employment or enrollment in school
• Paying all fines, costs, and restitution (if applicable)
• Not committing any new crimes
Special conditions are things that apply only to you and are usually related to the offense for which you were convicted. Attending counseling or drug rehabilitation, for example, might be a special condition if you were convicted of a drug or alcohol related criminal offense.
If you are charged with a new offense while on probation, the court will likely consider that a violation of your probation and will issue a warrant for your arrest or a Notice to Appear. If you fail to appear after being properly notified of the violation the judge will undoubtedly issue a warrant for your arrest.
At the hearing on the matter, the court has the discretion to decide to hold you or allow you to remain out of custody. Before making that decision you will have the opportunity, along with your attorney, to argue against being taken into (or staying) in custody. Things the judge will likely consider when making the decision include:
• The severity of the new charges – the more serious the new charges the more likely the judge will be to order you to be held.
• Your criminal history – if this is your first conviction you stand a better chance of being released pending the outcome of the new charges.
• Your probation officer’s recommendation – if you have so far complied with all probation conditions your officer may recommend that you be released.
• Whether you are employed or in school – showing the judge that you are gainfully employed and/or in school gives the judge an incentive to not have to hold you on the new charges and probation violation.
If you have been notified that you must appear to answer for new charges and are currently on felony probation in Florida, it is in your best interest to consult with an experienced criminal defense attorney immediately Contact the accident team at Powers, Sellers, & Finkelstein PLC by calling 727-531-2926 today to schedule your appointment.