As complex a minefield as the criminal justice system when dealing with any criminal charge, the complexities of the system multiply geometrically when charged with violating the general or special terms of one’s probation.
A citizen placed on “probation” can be burdened with a variety of both “special” and “general” conditions. There are scores of potential ‘conditions’ which a judge can impose on a citizen convicted. To see how much discretion is vested in Judges to impose probationary sentences loaded down with conditions, take a look at Ch. 948.03, Fla. Stat. (2007)—–and that list is in no way exhaustive.
“Due Process” of law is precipitously reduced when the government alleges that one has violated their probationary conditions.
In the Treasure Coast, even for a minor transgression of the probationary rules typically results in an arrest warrant, NO BOND, NO JURY TRIAL, and jail or prison at the end of this ‘rats nest’ of procedural and substantive rules designed to ‘fast track’ the disappearance of a citizen’s civil liberties.
If some perceive the criminal justice system as a ‘railroad’…..then the process surrounding alleged Violations of Probation is the “express train”.
When charged with violating the terms of your probation—time is EVERYTHING. It is imperative that you obtain competent counsel BEFORE the warrant issues, if possible.
Board Certified Criminal Trial Lawyer Specialist Jay Kirschner stands ready to help.