Misdemeanor Probation
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Misdemeanor Probation in Brevard County, Florida

Before agreeing to any negotiated plea that involves being put on probation or community control sentence in Brevard County, Florida, learn more about the standard and special conditions that will be imposed in your case. Although agreeing to probation or community control might allow you to avoid jail or prison, if you violate probation then the court can sentence you to any sentence that could have originally been imposed. Many people are in jail or prison because they violated probation or community control.

Also, after an accusation that you violated probation or community control, the court can issue a “no bond” warrant for your arrest. You will then be brought back before the judge to either admit or deny the allegation that you violated probation. If you deny that you violated probation, the court has a short VOP hearing in which it decides by a preponderance of the evidence whether the accusation has been proven. This is a much lower standard than the “beyond all reasonable doubt” standard used to decide the original criminal allegations.

Misdemeanor Probation in Brevard County, Florida - The misdemeanor probation officers in Brevard County work out of the Criminal Justice Services office. The probation officers supervise individuals put on probation to monitor the payment of court imposed fines, court costs, costs of investigation, restitution to the victims. supervision fees.

If you do agree to be on probation or community control, have a plan to complete all of the special conditions as soon as possible. After the special conditions are completed, you can apply for early termination of that probation. Don’t be on probation for one minute longer than necessary.

The standard conditions of probation can include:

  • Monthly reporting to your probation officer;
  • Not being in possession of firearms or any other weapon;
  • Paying monthly costs of supervision;
  • Not changing your residence or leaving the county without your officer’s permission;
  • Not possessing or consuming alcohol or drugs not prescribed;
  • Not committing any new law vioation;
  • Not associating with any person engaged in any criminal activity;
  • Maintaing lawful employment or continuing a job search; 
  • Permitting a probation officer to enter your home or place of employment to check up on you.

The special conditions of probation can include:

  • Performing community service;
  • Paying restitution to the alleged victim;
  • Paying fines and court costs;
  • Completing a mental health evaluation and recommended treatment, if any;
  • Completing a Drug Treatment Program and aftercare program;
  • Submitting to a urine test;
  • Submitting to electronic monitoring;
  • Avoiding alcohol, bars or clubs;
  • Submitting to a warrantless search of your home or vehicle if requested;
  • Following a curfew;
  • Having no contact with the alleged victims;
  • Maintaining full time employment;
  • Attending Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) or meetings;
  • Completing other educational classes including:
    • HIV Awareness classes;
    • the Domestic Violence Program;
    • the 26 week Batterer’s Intervention Program;
    • Anger Management Classes; and
    • Anti-Theft/Theft Awareness classes.

The conditions for community control are even more strict and can include staying at home when not a work or church, maintaining a log of your daily activities, and submitting to electronic GPS monitoring.

If you are accused of violating either felony or misdemeanor probation, then contact an experienced criminal defense attorney at the Law Offices of Germain & McCarthy, LLC. Contact us for a free consultation. The attorneys at the Law Offices of Germain & McCarthy, LLC represent clients throughout the cities and towns in Brevard County including Melbourne, Titusville, Cocoa Beach, Palm Bay, Merritt Island, Cocoa, Satellite Beach, Rockledge, West Melbourne, Cape Canaveral, Melbourne Beach, Port St. John, Indialantic, and Mims, FL.

We also represent clients charged with a crime throughout Brevard County and the surrounding counties of Orange County, Osceola County, Indian River County, Volusia County, FL.

This article was last updated on Friday, May 18, 2018.

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