When a person accepts a plea, many times the terms of his or her sentence includes a term of probation. Probation can be a blessing for many people; it allows that person to serve his sentence while able to go about his daily business. It also avoids a jail or prison sentence, something everyone who faces an arrest in Miami-Dade County is interested in.
However, probation also carries with it requirements that the probationer must meet. Any misstep can lead to a Violation of Probation. The most common amongst these are testing positive for an illegal drug such as marijuana or cocaine or being arrested for an unrelated incident.
A Probation Violation in Miami can be infinitely more dangerous than being arrested on a substantive charge. The reason is because when you are arrested, in order to convict you, the State of Florida must prove the charges beyond and to the exclusion of a reasonable doubt, one of the highest possible burdens of proof. When the State is seeking to prove a Violation of Probation, however, the standard is much lower, making it far easier for the State to prevail.
This is why the easiest way to beat a Violation of Probation is not to violate in the first place. Sometimes, however, that’s not the case and a Probation Violation must be dealt with. Richard A. Stern has been very successful in past cases negotiating a simple “re-enroll” where the violator is put back on probation with either nominal or no detrimental conditions – basically, a “do-over.”
Richard A. Stern, a Miami criminal lawyer with vast experience in Probation Violation Hearings, can also be of immense help to anyone who finds themselves accused of violating their probation even if he wasn’t the lawyer on the original case. For a free consultation, contact Richard A. Stern at (305) 274 – 5777.
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We are prepared to help you after any type of arrest. Fill out an Online Consultation or call us at (305) 274 - 5777 and Richard Stern will discuss your case with you personally. Contact us today so we can get started investigating the charges and planning your defense.