Fort Walton Beach and Destin Violation of Probation (VOP) Attorney
Okaloosa County Probation Violation Law Firm
The prospect of being violated while on probation or community control (VOP/VOCC) can be downright scary. Most probation violations can occur with little or no warning, and you could be taken into custody based on an arrest warrant and held in jail with no bond.
That is because most Judges from Okaloosa, Santa Rosa, and Walton County have a no bond VOP policy when they sign the VOP arrest warrant. Here’s why – Most duty judges do not like to set bonds for VOPs because they don’t want to have the other judges think that they are too easy on VOPs. So many times, they will set a “no bond” and tell the defendant to set a bond hearing before the assigned judge on their case.
If you or a loved one has already been arrested, or if you think you will be violated and arrested in the near future, don’t hesitate to call Shawn Lupella to discuss your situation. Shawn Lupella has handled hundreds of VOP cases in Fort Walton Beach, Destin, Crestview, and throughout Okaloosa, Walton, and Santa Rosa County and he knows what is needed to establish your best defense to protect you against potential VOP conviction and the jail or prison sentence that may come with it.
VOP/VOCC Court Procedure
The first step toward a possible violation of probation is when the probation officer decides to make an official allegation against you for not following the conditions and rules of probation. It could be a general condition or a special condition, a technical violation or a one based on a new criminal arrest. In every situation, this official allegation is called a VOP affidavit or violation report.
The report is eventually sent to a county or circuit judge to be approved for an arrest warrant. Sometimes the probation officer will also attach a bond recommendation to the violation report, but most often, that recommendation is to have you held with no bond, or for the bond to be set at the first appearance court hearing date by the duty judge.
VOP/VOCC Defense Strategy
VOP Defense is fundamentally different from other criminal proceedings. For starters, there is no right to a jury trial. All VOP/VOCC hearings are held as bench trials before a judge. Secondly, the burden of proof is not “beyond a reasonable doubt,” but the much lower standard of “preponderance of the evidence.”
For these two reasons in particular, it makes VOPs difficult to defend. It also puts a premium on your attorney’s ability to successfully argue technical, procedural, jurisdictional, and other specific legal defenses in order to derail the state attorney’s prosecution.
Finding the Right VOP/VOCC Attorney
With offices in Fort Walton Beach and Destin, Florida and serving the communities of Niceville, Navarre, Crestview, Baker, Santa Rosa Beach, Grayton Beach, Okaloosa Island, Mary Esther, and all points in between, Attorney Shawn Lupella has helped hundreds of clients deal with probation violation cases in Okaloosa, Walton, and Santa Rosa County and he is ready and able to help you.
Whether it is a misdemeanor or felony VOP charges, based on a DUI, Domestic Violence, or even the most serious felony offense; no matter your situation, please call Shawn Lupella at 850-362-6655 for a free consultation to discuss your options.