Van Riper and Nies Attorneys, P.A.

Violation of Probation

Our attorney and former Florida prosecutor, Christian Van Riper, is experienced in representing his clients charged with violation of probation (VOP) offenses in Martin, St. Lucie and Indian River counties.

When you are placed on probation, you are told of the conditions or rules you must complete or abide by while you are on probation. If you violate the conditions by intentionally or materially violating the rules, your probation could be violated. A probation officer will complete an affidavit requesting the judge to sign a warrant for your arrest. Thereafter, you may be kept in a county jail pending the results of a Violation or Bond hearing.

Violations of probation proceedings are different from other criminal proceedings. Most critical is that the burden of proof is "preponderance of the evidence" and not "beyond a reasonable doubt" as it is during a criminal trial.  Further, in a VOP hearing, the judge will hear your case, not a jury.

If you are found guilty of violating the terms of your probation, a judge can sentence you to the maximum penalty you faced before being placed on probation, including prison or jail. It is critical that you have an experienced criminal attorney represent you at your violation of probation hearing.