There is no right to probation. Most criminal defendants see probation as a privilege rather than a right. Probation requirements are that the defendant report regularly to a probation officer, that the defendant notify and receive permission from the probation officer to change addresses, change jobs, or leave the county, and leading a good law-abiding life free of further crime. Violation of probation requirements can lead to a more serious sentence, such as imprisonment with retraction of probation privileges. Judges also have the power to remove a criminal defendant’s probation without awaiting new convictions or proof of probation violations. When a criminal defendant violates probation, he or she must attend a probation violation hearing without a jury. It is important to speak to a criminal defense attorney if having questions about whether particular conduct violates probation or endangers a criminal defendant’s chance of keeping probation instead of imprisonment.
The information on this page does not represent legal advice. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced Fort Lauderdale criminal defense attorney like Kenneth Hassett.