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The Complete Probation Guide

It’s More Than Just Paper!

William D. Umansky

Copyright © 2015, William Umansky

All rights reserved. No part of this book may be used or reproduced in any matter whatsoever without written permission of the author, except in the case of brief quotations embodied in critical articles or reviews.

This book is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the published is not engaged in rendering legal, accounting or other professional services. If legal advice or other expert assistance is required, the services of competent professional personnel should be sought.

Accordingly, no liability can be assumed regarding how the information is applied to your particular personal situation.

No client relationship has been created or can be inferred by purchase of this book.

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Table of ContentsIntroductionIntroduction.................................................................................................................................................4

The Consequences of Probation..................................................................................................................5

What a Violation of Probation Is..................................................................................................................8

Following the Terms of Probation...............................................................................................................9

Types of Probation Violations....................................................................................................................11

Why a Probation Attorney is Important....................................................................................................13

Best Practices for Getting Through Probation...........................................................................................17

Conclusion.................................................................................................................................................18

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Introduction

If you are reading this material, that means you are concerned about being put on probation, or you want more information regarding your current probation. You may be someone that feels strongly about taking charge of your own matters and really want to do what it takes to complete the probation process yourself. Right now, you may be facing some potential problems maintaining a job, being approved for housing, or admittance to an institute of higher education because of just one charge you have had in the past. I know after 20+ years of practicing law that people with even just one criminal charge you may not have the opportunities in their future that they expected. I wrote this guide to help you understand your options and move forward with your life.

If you would like to discuss your case with me, or any attorney of my firm, just call us. The meeting is free and we would be happy to sit down and talk to you. Call me today at 407-228-3838

-William Umansky “The Lawman”

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The Consequences of Probation

Many repeat offenders call probation “paper” – probably because the sentence of probation is provided on an order that a judge gives, which is created on paper. Paper is a silly term and makes it sound as if probation is a simple matter. This couldn’t be any further from the truth.

Probation violations are very serious. Once a judge signs a warrant, it will be sent to both state and nationwide for law enforcement to be on the lookout for you. At any point where you might have contact with law enforcement you’re subject to arrest. In fact, you could be out of state - if you get arrested, you’ll end up in one of those state jails, awaiting what is called extradition back to Florida. You could be stuck up to several months, waiting transportation back to a Florida jail with no bond.

Probation violations are not like regular criminal cases. In most criminal cases, you’re entitled to a bond amount pursuant to the constitution. In a criminal case, (even for murder) you can have bond posted by your family and you can get out

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and await trial on your charge. This isn’t the case with a probation violation. There is no Federal or State right to bond on a violation of probation, and you can literally sit in jail for months, until you actually see the judge for your prosecution violation hearing.

Probation can be analogized to the sport of fishing. Think about the fisherman. The fisherman is the judge, probation officer, or the prosecutor. The line that they cast out in order to fish is the probationary period. The longer the line, the longer the period of probation that you’re on. The hook is the violation.

Think about the lure or the bait that’s placed on the hook as temptation. It could be that you are ordered to pay a fine or court costs, but you would rather spend that money buying a gift for a new girlfriend. You were ordered to complete a class, but you would rather go gamble at Hard Rock Casino. Think about that temptation as fishermen’s’ bait. If you violate probation, you’re the fish clamping down on the hook after taking the bait. And once you clamp down on that hook, the probation office, the judge, or the prosecutor begins to reel you in.

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No Bond

You might not know this, but when a judge violates your probation, usually there is no bond. If you hire a lawyer in advance of the probation violation, that lawyer can prepare and file a bond motion to get you in front of the court, because in many cases, if it’s a minor violation, the judge will set a bond so you can go home.

Supervision? Why me?

Probation is a form of supervision: after you enter a plea to your criminal charge, you likely have to report once a month to a probation officer, unless you live out of state, where in some cases you can report in by mail, or by electronic means, such as e-mail or telephone.

Successful completion of your probation is important because if you complete probation, often times you can avoid a conviction and the potential for jail or prison time that you could have served.

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What happens if I violate?

What will happen then after you get picked up on a probation violation? In most cases, judges are not happy that you did not follow their conditions that they personally placed upon you. Initially,

they usually won’t give you a bond. When you get picked up on that violation of probation, you’ll be sitting in jail until either you resolve your case, or a lawyer is hired to do a bond motion.

What does Violation of Probation mean?

What is a violation of probation? What happens when you clamped down on that hook? If a probation officer believes you violated a condition of probation they will fill out an affidavit. They will outline in that affidavit those conditions that they

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believe you violated. That affidavit will then go in front of the judge for his or her signature.

If you are placed on a county probation, which you will usually face the judge who was assigned to your initial case, unless the judge was reassigned, or in some circuits, they have a specific probation judge that will hear your violation of probation case.

Following the Terms of Probation

Following probation is important because there will be a number of standard conditions that you will have to complete. While you’re on probation,

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you will be given a set of standard conditions. Standard conditions are those conditions that everyone has to complete on probation, such as:

Not getting arrested again Not drinking alcohol to an excess (or if you’re

on a DUI don’t drink alcohol at all) Not using illegal drugs or substances Not co-habituating with other people who

commit legal offences Making sure you stay in touch with your

probation officer at least once a month. Maintaining employment. If you’re not

employed, the other standard condition is to look for employment.

Not to own or possess any firearms

Both standard and specific conditions are important, because if you violate any one of these, you can end up in jail facing the initial sentence of incarceration that you could have gotten when you were placed on probation. Specific conditions are

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conditions that a judge can add to or delete from your probation and are tailored to your case. Specific conditions might be to:

Complete a DUI class Complete a anger management seminar Perform community service hours Pay a fine Attend counsel Complete a life care plan Obtain a driver’s license or a high school

degree. Pay Restitution

Types of Probation Violations

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There are two violations of probation: a substantive violation of probation and a technical violation of probation. Most people believe the substantive violation of probation is more serious, because it usually means that you usually were charged with a new law violation, which can sometimes include:

New Felony arrest such as burglary Being arrested for driving while your license is

suspended A new misdemeanor arrest like petty theft Possession of drugs

Any time that you’re charged with a new crime, while you’re on probation, you face a substantive violation.

Technical violations are as serious as substantive violations. A technical violation is everything other than a substantive violation. If the court ordered you to appear to your probation officer once a month and you decide you’re not going to show, that’s a technical violation.

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Another technical violation is that you:

neglected to pay fines or court costs did not complete a class, like a domestic

violence battery intervention program had to complete community service hours but

didn’t fulfill the commitment did not pay restitution failed to be home by curfew

Technical violations and substantive violations are both violations that can end up resulting in you going back to jail, or prison, on more serious cases.

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Why a Probation Attorney is Important

How can a lawyer help? If you know a violation of probation is coming, don’t procrastinate. Be proactive; hire a lawyer.Lawyers can do several things right off the bat. They can contact your probation officer and ask the probation officer to ask the judge to summon you to appear as opposed to being arrested.

Failing that, they can ask a probation officer, and sometimes the judge, to put a bond amount, on a violation of probation.

The judge will review the affidavit and then sign a warrant typically for your arrest. In some cases,

the judge will do you a favor and issue a summons to appear instead of an arrest. At this point, a lawyer can be helpful because they can sometimes contact the probation officer before he/she submits the

affidavit violation of probation to the judge.

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The lawyer can ask the probation officer to make a recommendation that you’ll be summoned to appear as opposed to being arrested for the violation of probation.

A lawyer can try to attempt an early plea resolution to your charge. If you sit in jail and wait for a public defender, you might not get a court day for 30, 60, or even 90 days. A lawyer cannot only file for a bond hearing, but also try to obtain a quick plea resolution (hopefully getting you back out of jail, and reinstating your probation to your former life). A Lawyer can defer your arrest on a violation of probation. In order to find a violation of probation, the judge has to find that you willfully violated your condition. Let’s say you couldn’t pay the fines and court costs because you got laid off, and can’t find new work despite your best efforts to get a job. You didn’t have any money to pay the fines and court costs restitution.

Let’s say community service hours weren’t completed because you had a new job that was 80 hours a week and you just couldn’t find the time to get the community service hours done. You e-mailed your probation officer and asked him/her in advance for an extension, which the probation

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officer did not grant for you. If you can show the judge that your violation truly wasn’t willful, and a lawyer can help explain that to a court, then that violation of probation may be dismissed. Also, a probation attorney might be able to not only work a plea resolution or get the violation of probation dismissed, but actually terminate your probation.

Finally, it is very important if you haven’t been convicted, or adjudicated guilty on the underlying charge, you will want to see if an attorney can get the probation violation resolved without a judge turning around and adjudicating you guilty.

This is important, because if you’re convicted, often times you face:

a driver’s license suspension your occupation license gets suspended losing your right to vote losing the right carry a

weapon or purchase a firearm

social security and health care benefits being extinguished

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The first thing you want to do if you face a probation violation is to get out of jail if you can. Get a lawyer to try to do a bond hearing to see if you can either get a bond, or resolve that case to get you out. If you do get out on bond, the next step is to have a probation hearing. At that hearing, it’s usually very easy for the government to prove that you violated probation. It’s not six or twelve people that have to decide your fate like in a criminal trial. It’s one person; it’s the judge.

In a criminal case, the government can’t use hearsay to convict you. In a probation case, they sure can. The prosecutor can use documents and other hearsay evidence to establish that you violated probation as long as some other evidence that you did violate the conditions exists. The rules of evidence are very relaxed and stacked against you, the defendant.

Hearing or Plea?

At a probation hearing, you’re going to have two very clear decisions to make before that actual case goes to hearing. Do you have a hearing, or do you try to resolve the case? Many times, prosecutors aren’t reasonable and they won’t offer

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something favorable. Now your future is left in the judge’s hands with you trying to guess what kind of sentence that you may face if you enter a plea to the probation violation. The other choice that you have is going to a hearing. If you refute the prosecutor’s offer and go to the hearing and lose, you can face harsher penalties. Hearing or plea, it will always be a tough call!

Best Practices for Getting Through Probation

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Make sure that you keep a log of everything that you’ve done. Every time you’ve communicated to your probation officer, write it down. If you can e-mail your probation officer, make sure you do so and save the email! Make sure that you never ever miss a monthly appointment. If you can’t pay a fine, don’t put your headin the sand and not pay it. Show the probation officer the efforts that you made to come up with the money. If you’re unemployed, show the efforts that you made to try to land a job. Most importantly, document those things. If you have a class to do, complete it. If you have an essay to write, then write it. You have counseling to do, get the counseling. Believe it or not, probation, while hard, is a lot easier than being locked away from your family, friends, and loved ones for failing to do what you were supposed to do the first time out.

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Conclusion

We believe clients should educate themselves on legal issues. I know that self-educated clients become better clients of our

law firm because they are informed and confident of decisions they make, and confident of the advice we give them. We hope

you found this information helpful.

If you have questions about your charges or would like me to review your case, contact our office to schedule a free

appointment.

Phone: (407)228-3838E-Mail: [email protected]

mailto:[email protected]