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Probation Violations

Gainesville Criminal Lawyers Explain Probation Violations

You might assume that a sentence of probation means your case is over, and you are free to walk out of the courtroom and get on with your life. Not so. While on probation, you remain under the jurisdiction (control) of the court, and you are expected to comply fully and completely with every term and condition of probation imposed by the judge. Failure to do so will have serious consequences. If you have violated (or worry that you may have violated) the terms of your probation, our Gainesville criminal lawyers can help.

What is a Violation of Probation?

There are two categories of probation violations in Florida:

  • If you commit a crime while on probation, that is a substantive violation.
  • If you fail to comply with a term of your probation, that is a technical violation. If, for example, you miss an appointment with your probation officer or fail to complete your required community service, you have committed a technical violation.

What Happens if I Violate Probation?

You may be arrested, with or without a warrant, whenever there are reasonable grounds to believe you have violated your probation in a material way. Upon arrest, you will be taken into custody and held (generally, without bond) until your appearance before a judge.

At this first court appearance, if you admit the violation, the judge will impose a sentence. If you deny the violation, the judge will schedule a hearing (known as a Violation of Probation or “VOP” Hearing), at which time our Gainesville criminal lawyers can present evidence in your defense.

There are key differences between a VOP hearing and a trial, including:

  • No jury. The prosecutor has to convince just one person – the judge – that you violated probation.
  • One violation is enough. You may be accused of multiple probation violations, but the prosecutor only needs to prove one in order for the judge to find you have violated your probation.
  • Lower burden of proof. The prosecutor has to prove the violation by a “preponderance of evidence,” not “beyond a reasonable doubt.” This means the prosecutor only has to show that it is “more likely than not” that you committed the alleged violation
  • No right to remain silent. You may be compelled to testify and answer questions at the hearing.

What are the Consequences of a Violation?

If the judge determines you have violated probation, he can reinstate, modify or revoke your probation. If your probation is revoked, the judge may impose any sentence he might have imposed for the underlying crime. Thus, if you were sentenced to probation for a third-degree felony (e.g., aggravated assault), the judge may sentence you to five years in state prison and a fine of up to $5,000 for violating probation (the maximum allowable sentence for a third-degree felony).

Contact Us

If you have concerns about a possible probation violation, a Gainesville criminal lawyer at the Law Offices of Richard Mercure, PA – RPM Law can help. We will work to expedite your hearing and help you tell your side of the story to the prosecutor and the judge. Call us directly, at (352) 222-2047, to schedule a free, confidential consultation.

The Best in Gainesville

There aren’t words that can truly explain the work ethic Rick has for his clients. Rick was my lawyer last year and fought tooth and nail to make sure I received the best possible outcome for my case and I did. I trust this man with my life and to this day he remains my lawyer. There was never a second that I had to second guess his judgment because he was always informative and confident. I recommend him to my closest friends and my family and he is there for us any second of the day. I thank God every single day I met Rick and if you choose him as your council you will too.

There aren’t words that can truly explain the work ethic Rick has for his clients. Rick was my lawyer last year and fought tooth and nail to make sure I received the best possible outcome for my case and I did. I trust this man with my life and to this day he remains my […]

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- Jonathan

*Prospective clients may not obtain the same or similar results.

God Sent…I would trust him with my life.

Words cannot explain what a remarkable attorney he is. During one of the most stressful times in my life, Attorney Rick Mercure was my guiding light. I have never met an attorney that cared so much for their clients. Not only is he an EXCELLENT attorney, I consider him a great friend for what he has done for me and my family. Without going into details about the case, I just want everyone to know that the result he got on my case was better than I ever expected. All the reviews written about him are correct…he is trustworthy, honest, ethical, hard-working, and can be reached at all times. Not once did he fail to respond back to me when I called, text, or emailed him. He truly was a God send to me.

Words cannot explain what a remarkable attorney he is. During one of the most stressful times in my life, Attorney Rick Mercure was my guiding light. I have never met an attorney that cared so much for their clients. Not only is he an EXCELLENT attorney, I consider him a great friend for what he […]

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- Fawn

“*Prospective clients may not obtain the same or similar results.

Rick had my back when I needed someone the most!

In 2012 I chose to be represented by the public defender’s office after I was charged in Gainesville, Florida. After three replacements, I was finally represented by Rick Mercure. This case was lengthy because the previous attorneys who had represented me was re-assigned to different divisions. Mr. Mercure was remarkable in keeping me informed in the progress of my case. He broke down every event for me and made sure I knew what I was facing.

Once we went to trial, Mr. Mercure definitely displayed his knowledge of the laws, court room etiquette, and argument strategy. Needless to say, Mr. Mercure won my case that day. I had a lot riding during that trial and I truly believe if Mr. Mercure hadn’t represented me then I’d be in jail for a crime that I was not guilty of.

Thank you Mr. Mercure.

In 2012 I chose to be represented by the public defender’s office after I was charged in Gainesville, Florida. After three replacements, I was finally represented by Rick Mercure. This case was lengthy because the previous attorneys who had represented me was re-assigned to different divisions. Mr. Mercure was remarkable in keeping me informed in […]

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- Charles

“*Prospective clients may not obtain the same or similar results.

Take It To Trial

When I made one the dumbest decisions in my life, I was left thrown into a public system with lawyers who could care less. After being tossed between two public defenders I finally lucked out and my case was assigned to Rick. We already had an offer of reckless driving but after watching the video and sitting with him he looked at me and said “If you want to take this to trial I’ll be right by your side and I know we have a good case.”. I was so happy because before that moment I thought I would be stuck with another suit who wanted to close a file and move on. Not the case, Rick put the work in and eventually got the State to drop all charges! Look, I don’t know how else to put this, if you have made the mistake of driving under the influence and your scared that no one cares enough to help and get results? Call Rick. I’m a kid from the other side of the tracks and he really looked out for me. No DUI, community service, fines, probation. Nothing. He is a great guy and he actually cares enough about being a great lawyer to understand that his clients are what are important.

Thanks again Rick.

When I made one the dumbest decisions in my life, I was left thrown into a public system with lawyers who could care less. After being tossed between two public defenders I finally lucked out and my case was assigned to Rick. We already had an offer of reckless driving but after watching the video […]

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- Anonymous

“*Prospective clients may not obtain the same or similar results.

Life Saver

When I met Richard he was a public defender with a case load to the moon and back. I always had questions about my case and I had 4 public defenders prior to getting Richard appointed to my case. I could always get in touch with him and he would always contact me to keep me updated. Sometimes we would talk about the case late at night such as 9-10 pm, because he was still in his office working. His work ethic is by far second to none, when you think about a public defender working that hard for his clients it’s unbelievable. For some reason Richard was parting ways with the public defender’s office, so I called him and hired him to represent me in a serious DUI case. Let me tell you right now……..that was the best move I’ve ever made. If you find yourself needing council you would be a fool to pass up on Richard Mercure.

When I met Richard he was a public defender with a case load to the moon and back. I always had questions about my case and I had 4 public defenders prior to getting Richard appointed to my case. I could always get in touch with him and he would always contact me to keep […]

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- Rory

“*Prospective clients may not obtain the same or similar results.

Game Changer/Life Changer

Rick is an amazing attorney, best in my opinion! I had a previous attorney on my case drop the ball. I found Rick and he turned the situation around. He keeps true to his word,he’s honest, and personable. Rick was always one step ahead. I’d call him with a question or concern and he’d already spoken to the opposition. He always kept me informed whether by text, call, or email. I never even got to meet Rick, my case was in a different county than where I was residing and I still feel like he went above and beyond! I was living in North Carolina and forced to stay in Florida to complete my probation. Rick changed my life. He got me home and I can’t thank him enough! I had lost confidence in legal advice, but Rick turned that around. I trust Rick with my life, if you need a Florida attorney he’s your guy! Thank you so much for everything Rick!:)

Rick is an amazing attorney, best in my opinion! I had a previous attorney on my case drop the ball. I found Rick and he turned the situation around. He keeps true to his word,he’s honest, and personable. Rick was always one step ahead. I’d call him with a question or concern and he’d already […]

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- Laura

“*Prospective clients may not obtain the same or similar results.