Manatee County Probation Violation Lawyer

A probation violation in Manatee County can put you in jail with no bond and expose you to the maximum sentence on the original charge. You have fewer protections than in a new criminal case, so what happens before the hearing matters. Daniel D. Nawara, a former prosecutor in the Twelfth Judicial Circuit, represents people accused of violating probation in Bradenton and throughout Manatee County. Call or text (941) 920-5514 for a free consultation.

Two kinds of probation violation

Technical violation. Breaking a condition of probation without committing a new crime: a missed appointment, a failed drug test, unpaid costs, unfinished classes or community service, or moving without permission.
New law violation. Being arrested for a new offense while on probation. You then face two cases, the violation and the new charge.

How a violation case differs from a regular criminal case

Bond. In a regular case you are entitled to a reasonable bond in most situations. In a violation case the judge can hold you with no bond until the hearing.
Who decides. A jury decides a regular case. The judge alone decides a violation.
Standard of proof. A regular case requires proof beyond a reasonable doubt. A violation requires only the greater weight of the evidence, a much lower standard.
Hearsay. Hearsay is restricted in a regular case. It is allowed in a violation hearing, though it cannot be the only evidence.
Your testimony. In a regular case you cannot be made to testify. In a violation case the State can call you to testify about a technical violation, though you can still refuse to answer questions that could incriminate you in a new criminal case.

The State must still prove the violation was both willful and substantial. That requirement is where many violation cases are won.

What the judge can do

If the judge finds a violation, there are three options:

Reinstate probation on the same terms.
Modify probation by adding time or conditions.
Revoke probation and impose any sentence that was available on the original charge, up to the maximum.

Defenses and strategies

Not willful. You missed a payment because you lost your job, or missed an appointment because you were in the hospital.
Not substantial. A minor or one-time lapse that does not justify revocation.
Weak proof. A field drug test with no lab confirmation, or an affidavit built on hearsay.
Fix it first. Completing the missing hours, classes or payments before the hearing often changes the outcome.
Resolve the new charge. If the violation rests on a new arrest, beating or reducing that case weakens the violation.

Questions people ask

Will I get a bond on a violation of probation in Manatee County?

Not automatically. Many violation warrants are issued with no bond. A lawyer can ask the judge to set one or to release you while the case is pending.

I have a warrant for violating probation. Should I turn myself in?

Speak with a lawyer first. A lawyer can often arrange the surrender, ask for a bond hearing quickly and sometimes resolve the violation in the same appearance. See Warrants and Failure to Appear.

Can I go to prison for a technical violation?

Yes, if the original charge carried prison time. In practice, many technical violations end with reinstatement or modified conditions, especially when the problem has been fixed before the hearing.

How long does a probation violation case take?

Often a few weeks if you are in custody. It can take longer when the violation depends on a new charge that has to be resolved first.

Can probation be ended early in Manatee County?

Yes. After you have completed your conditions and usually at least half the term, your lawyer can file a motion for early termination. See Early termination of probation in Sarasota and Manatee.

Facing a probation violation in Bradenton or Manatee County? Call or text Daniel D. Nawara at (941) 920-5514. Free consultations and payment plans are available.