When On Probation, Be Aware Of Possible Violations

Lakeland, FL (Law Firm Newswire) December 7, 2012 – Violating probation in Florida usually means going back to jail.

“Probation violations in Florida may mean completely rescinding probation,” said Thomas Grajek, a Polk County criminal defense attorney. “And that applies to violating the generic probation rules, and other stipulations that may specifically apply to each individual’s case.”

Probation is typically awarded based on a number of factors, which may include the severity of the crime committed and the exact nature of the offense, plus the offender’s existing record, if applicable. If an offender has been granted probation, or if an individual is facing pending criminal charges, they should be aware of what constitutes probation violation.

“There is a fairly comprehensive government website that lays out the 2009 Florida statues, which individuals can use to become familiar with the general probation rules,” said Grajek. Some of those rules include, but are not limited to, reporting to a probation officer according to the conditions of an individual’s probation, securing a job and living within a designated area.

“Typically, many on probation must also pass random drug tests, not own or possess a gun or drink to excess, and any new criminal charges count as probation violation.” What many individuals on probation do not realize is that they are also responsible for paying a fee, each month, to the court supervising them.

Being on probation is not just a matter of staying out of trouble. It is also a time when probationers are strongly encouraged to pursue their schooling. Put another way, if they do not finish schooling, this may be considered a probation violation. Staying out of trouble also relates to not associating with gangs or getting involved in gang-like activities.

“The conditions of an offender’s probation, other than the general ones, largely relate to the specific offense,” criminal defense attorney Grajek explained. “For instance, a series of drug convictions may see the offender ordered into drug treatment, or a batterer mandated to attend a domestic violence program.” Attendance in these various programs is not optional, and those that do not attend, or do not complete the courses, find themselves in violation of the terms of their probation. Probation conditions may be set to suit the circumstances of the crime, and that may vary. There are even situations where a court may order restitution to be paid to a victim for medical bills.

“Be aware of the conditions of your probation, particularly if you do not want to have it revoked. If you have questions about your case, contact my office and we can discuss your situation,” suggested Grajek.

Thomas C. Grajek
206 Easton Drive, Suite 102
Lakeland, FL 33803
Phone: 863.688.4606

• Off-duty Lakeland Police officer charged with battery after alleged road rage incident.
  An off duty police officer was charged with battery after an alleged road rage incident today.  Part of the incident was captured on a surveillance camera.  Allegedly, there was an incident on the road where the off-duty Lakeland Police Officer felt that the other driver cut him off.  As with most road rage type incidents, there were allegedly hand gestures and words exchanged as they drove down the road.  The LPD officer then allegedly followed the other driver into the parking lot where the security camera captured the drivers exit the car and confront each other.  One driver pushed the [...]
• Improper Exhibition of a Firearm charge DISMISSED at JURY TRIAL
  My client was charged with Improper Exhibition of a Firearm.  We demanded speedy trial in this case and the charge was dismissed by the court at trial.  My client was accused of waving a fireman at an elderly lady arising out of an alleged road rage incident.  This incident was allegedly witnessed by an off-duty deputy with the Polk County Sheriff’s Office.  The deputy called 911 and the police arrived to search a house and allegedly seized a gun.  My client NEVER exhibited a firearm at anyone!  So we took the case to trial and Judge Fegers granted my motion [...]
• Lower the legal limit in DUI cases from 0.08 in Florida? National Transportation Safety Board proposes lowering legal breath test limit for DUI cases.
  Last week, the NTSB proposed lowering the legal limit for Driving Under the Influence cases from 0.08 to 0.05.  In Florida, the legal limit is 0.08.  Also in Florida, a driver with a breath alcohol under 0.05 is presumed to not be impaired.  The NTSB feels that lowering the limit would help cut down on traffic accidents.  Studies of alcohol related accidents does not support this theory as most individuals involved in alcohol-related crashed have a legal limit of around 0.13 to 0.15, so lowering the level would not be a deterrent.  I was recently hit by a driver who [...]

See other news sources publishing this article. BETA | Tags: Lakeland criminal defense attorney, Lakeland criminal defense lawyer, Polk County criminal defense attorney, Polk County criminal defense lawyer, Polk County DUI attorney, Polk County DUI lawyer