Many times, citizens commit crimes out of foolishness, and learn their lesson via probation. However, those actively on probation, as well as former probationers are often times accused of crimes simply because of past, unrelated criminal conduct. If one has been arrested for a probation violation, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.
According to the Brevard Times, Alisha Rudd was taken into custody by Agents of the Brevard County Sheriff’s Office on two outstanding warrants from Okeechobee County, Florida. The warrants were for Violation of Probation in reference to a burglary. Her arrest came shortly after her 4-year-old boy drowned in the Banana River just west of the Port Canaveral locks. Police are still investigating the death of the boy.
Whenever a law enforcement officer has reasonable grounds to believe that a probationer or offender in community control has violated his or her probation in Jacksonville in a material respect during the period of probation or community control, the officer may arrest or request another to make an arrest without a warrant wherever found and return the probationer to the court that granted the probation status.
The trial court judge who rendered the probation may issue a warrant, upon the facts being made known to them by affidavit, usually submitted by a probation officer or other law enforcement officer. Once the probationer has been arrested, they will be brought forward for a hearing before the same court that granted the probation.
Being on probation or charged with a violation can be horrifying, especially considering that the probationer may desire to stay out of the public eye; however, one’s record is available on the internet. However, there are other options that an experienced attorney may be able to provide. In lieu of issuing a warrant for arrest, the trial court judge may recall the warrant or capias and give the defense attorney a court date. Some judges may leave the capias outstanding and also set a court date.
If a judge finds reasonable grounds to believe that a probationer has violated his or her probation in a substantial manner by committing a new violation of the law, the judge may issue a warrant for the arrest of that individual.
Most violation of probation warrants are zero bond warrants, or warrants that require the defendant stay in jail until one’s court date. Zero-bond warrants will usually be issued, even to misdemeanor offenses . If one is in another state, one might sit for 4-6 weeks in jail in that state as well as Florida before one has one’s appearance date for the violation.
In the case of a violation of probation, there is no issue of guilt or innocence to decide; instead, there is only a mere finding that the defendant , in the mind of the court, violated the terms of probation. One is entitled to a Violation of probation hearing but most violators feel no choice but to enter an admission because the standard of proof required is so low.
Many times throughout Jacksonville, accused parties face charges they never knew of and warrants they never thought would be out on them. Fortunately, if one obtains an experienced Jacksonville probation violation defense attorney to fight the case and ensure one’s rights are protected, one can be sure that one will not be a victim in a fight one cannot win on one’s own.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Source: Mother of 4-Year-Old Boy Who Drowned Arrested , The Brevard-Times