Tuesday, August 23, 2011

Probation

Probation is a serious consequence, even though people tend to believe it is a much better deal than jail. While the defendant remains out of custody, the conditions of probation can be very difficult to handle for some. That is why consulting with an attorney can help clients to decide whether probation, if it's a viable option, is the best option for the defendant. An attorney can also fight to keep problematic terms out of probation requirements, thereby reducing the risks of future legal problems. In Florida, if a person is convicted and sentenced to probation, it typically means their attorney found some mitigating factors (or information that helps the defendants case) throughout the course of the case. It can also mean that the State's case against the defendant is weak, but that the defense found it to be a better plan to serve time on probation rather than risk a conviction at trial and the resulting prison sentence. But sometimes prison or jail is better than probation. While that may seem like backwards thinking to some, it may be true. Some individuals aren't able to keep up with the monthly demands of probation, which can include conditions such as time constraints on when and where they can travel, house arrest, monthly payments, drug testing, and other conditions. One probation violation and a person could be sitting in jail or prison for the maximum term allowable by the crime. Of course, beating the charges and making sure the defendant doesn't face any penalties is the first goal of any criminal defense attorney, but sometimes that's not possible. Then sound advice and counsel become important to the defendant. We work with clients to help them determine the best course of action for them, based on their circumstances and what they are best able to accomplish. Call the Law Office of Samuel P Bennett, P.A. now in order to get the best advice for your case.

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