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Violation of Probation charges just got a whole lot worse in Florida during the 2007 legislative session. The "Anti-Murder" legislation that the government passed takes the previous "zero tolerance" policy to a new level. In general, if you violate probation for anything but failure to pay money, you will be held in jail without bond until the judge can conduct a "danger to the community" hearing. It is crucial that you contact The Law Offices of Alexander Dombrowsky to discuss your legal rights. The Governor made it abundantly clear that he had no problem packing the state prisons with probation violators.

A violation of probation is a completely different proceeding than "new law offenses." As you know, with a "new law offense," the Constitution affords you the presumption of innocence until the State proves that you committed the offense beyond a reasonable doubt. Additionally, you have a constitutional right to a fair and reasonable bond for any offense short of a life or capital felony.

It's not the same with violations of probation. First, you are not entitled to a bond at all. Most probation violators await the disposition of their cases in jail. Second, the State's burden of proof is lower. The State only has to prove that you willfully and substantially violated your probation by a "preponderance of the evidence." This is a significantly lower burden than beyond a reasonable doubt. Finally, you are not entitled to a jury trial, but are relegated to having the judge hear the facts of your case at a violation of probation hearing.

Contact The Law Offices of Alexander Dombrowsky to speak to an expert in criminal trial law about your violation of probation. You don't need to wait until your probation officer violates you. If you even think you are going to get violated, please contact Alexander Dombrowsky. If you’ve already been violated, but have not been arrested, contact Alexander Dombrowsky. He can arrange for you to turn yourself, move the court for a hearing on the issue of your release, and potentially can cut down the time you have to spend behind bars awaiting the resolution of your case.

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