Missing Appointments with a Probation Officer

Regular check-ins with a probation officer are a necessity. It is their job to monitor offenders and prevent further criminal activity. As such, everything that they take note of is reported to the court. If you miss an appointment with a probation officer – even if they change the meeting time – then this may be grounds to send you back to jail. Make sure that each meeting time is marked clearly on a calendar or other reminder system.

Missing a Court Hearing or Meeting

Probation may mandate further court hearings or court-ordered meetings to verify that progress is being made. Such court orders could include community service, therapy, or other requirements defined by the court. Missing hearings or meetings prevents the court from checking your probationary progress, which is why they are considered serious violations.

Failing to Pay Fines

Some crimes may require defendants to either pay fines to the court or restitution to the victim. However, consequences for failing to pay fines in a timely manner are more severe than late fees. If you don’t make these payments on time, then you could be charged with a new offense for violating your probation and receive harsher terms. Be sure to set reminders to make any necessary payments that your probation calls for.

Associating with Certain People or Places

Your probation will likely lay out clear terms for people and places that you must refrain from visiting. For example, a gang member may be prohibited from contacting other members of the gang. In other cases, traveling out of state or violating other geographic restrictions can send you back to jail quickly. Familiarize yourself with the people and places that you must avoid to successfully complete your probation. Daytona Beach criminal defense attorneys can help clarify the terms of your probation so as to prevent any accidental violations.

Failing to Report a Change of Address

Transparency is key in the case of every probation. Even when it comes to things that may not give you any pause, such as a change of address, failing to disclose them can be considered a violation of probation. Something as simple as moving in with a family member in the same city must still be communicated clearly to court, otherwise it could be found to violate probation.

Losing Employment

In some cases, probation may hinge on meaningful employment. If you are required to obtain a job and maintain employment, then a failure to succeed in either will be considered a violation of probation. Once you acquire employment, it is crucial to do everything in your power to keep that line of work until your probation is over. Terminations made in error are still enough to violate probation.

If you are found in violation of probation, then another court hearing will occur to determine if you did, in fact, violate the terms of the probation. Then, if confirmed, the court may hand down consequences including, but not limited to:

• Revoking your probation and requiring a prison sentence
• Modifying your probation with additional requirements
• Extending your probation

Do you fear that your probation could be at risk of violation? Probation may feel like added jail time, but it is much better than violating the terms of your sentence and getting sent back to jail. Whether your probation violation occurs accidentally or for reasons out of your control, it is critical to obtain legal assistance from an experienced Daytona Beach FL criminal defense attorney to protect your rights.

Legality of Search Warrants Defined by the Constitution

A mere hunch is not enough for law enforcement to legally enter your home. Police must first create an affidavit, which is a sworn statement that lays out all the information they have obtained from informants or private citizens, then present it to a judge for approval. If this affidavit establishes a probable cause for the alleged crime and convinces the judge that evidence can be found in a certain location, then the judge will issue a search warrant. If done correctly, then this search warrant allows law enforcement to legally enter your personal property and search for evidence.

Additional Information about Search Warrants

Of course, suspects connected to the location of the search defined in the search warrant are not notified beforehand, nor can they challenge the issuance of the warrant. However, after the search has concluded, citizens do have the right to challenge the presumption of reasonable cause laid out in the search warrant. If determined to be invalid, any evidence collected during the search will be inadmissible in court. Furthermore, if any information within the affidavit is found to be false, it constitutes perjury for the law enforcement representative who signed in.

What Law Enforcement Can Do with a Search Warrant

Due to the rigid structure of what must be clearly defined in the affidavit, law enforcement officers are only legally permitted to search the specific location detailed in the warrant or look for the specific evidence documented in the warrant. For example, police cannot enter your home if the warrant is for a yard, nor can they search for drugs if their warrant only notes firearms. That said, any contraband that is found within the legal scope of a search can still be seized. Rely on Daytona Beach criminal lawyers to help your defense by ensuring that the search warrant executed on your personal property was done correctly.

Instances in Which Search Warrants Are Not Necessary

It is important to know that there are still circumstances in which law enforcement officers can search for and seize evidence even without a search warrant. If someone who owns or rents property consents to a search, police can search through only the agreed-upon locations and the court will most likely uphold the legality of the search.

Additionally, police officers do not need warrants to seize evidence that is in plain view of a location where law enforcement can legally be – aptly titled the “plain view” doctrine. For example, if a citizen is legally placed under arrest, it is legal for officers of the law to search their person as well as the location of their immediate personal control, like a car or apartment.

The Bottom Line

If law enforcement officers show up at your home with a search warrant, it is important to remember that you are allowed to read their warrant before or during the search, and officers must provide you with a list of any items they seize. If you have any questions or concerns regarding a search warrant that has been executed on your property, rely on the expertise of Genine Mejia – your top criminal defense attorney Daytona Beach – to help you out. We have a deep understanding of when search warrants can and cannot be legally used. Contact us today and let us help you navigate this situation with the clarity that you deserve.