A message from your probation officer, a violation affidavit, or a warrant can leave you unsure what to do next. The immediate task is to find out what has been filed and what the court requires.
Miller & Jacobs helps people facing probation allegations in Fort Lauderdale address the next hearing and prepare a response. We review the court record, explain the choices in front of you, and identify the documents that can support continued supervision or a contested defense.
Free initial consultation. Each accepted criminal-defense matter is handled by Mark J. Miller or Rick S. Jacobs.
A deadline or custody concern comes first.
Tell us if someone is in custody, a surrender has been discussed, or a hearing is approaching. Keep the case number and official notice available.
Serving Fort Lauderdale from our Pompano Beach office
Both partners previously served as Assistant State Attorneys
Firm-reported jury trials across both partners' careers
A partner handles each accepted matter
A conversation about an alleged violation, an offered sanction, and a filed court case are different stages. Knowing which stage you are at helps determine what needs attention immediately.
Continue following existing conditions unless the authorized officer or court confirms a lawful change. An allegation does not suspend your responsibilities.
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Gather the sentencing order, any amended conditions, and the notice or affidavit. Counsel can check the assigned division and pending filings. A public case search is useful, but a missing online entry is not assurance that no warrant or obligation exists.
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Give counsel the booking information or warrant details you have. Release depends on the case and applicable restrictions; it is not automatic. A lawyer can assess the proper court request and any lawful surrender arrangements without promising that custody will be avoided.
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An alternative sanction may require an admission and a waiver of hearing or counsel rights. Ask what you would admit, which rights you would give up, and what obligations would follow. A short form can carry consequences beyond the appointment where it is presented.
For a separate pending prosecution, our Fort Lauderdale criminal defense guide explains the wider process. The firm's Florida criminal defense overview covers representation beyond one local case.
Florida Statute 948.06 governs the main choices. The underlying sentence, supervision history, allegation, and statutory eligibility affect the available result.
Contesting the allegation
If the allegation is not admitted or dismissed, the person must have an opportunity to be heard. A defense may dispute what happened, whether a condition applied, or whether the evidence establishes a violation supporting revocation.
Continuing or changing supervision
The court may continue or modify probation or order another lawful supervision arrangement. A proposed change should explain how it addresses the alleged problem and how the person will comply.
Eligible technical violations
A technical violation is one that is not a new felony, misdemeanor, or criminal traffic offense. Some low-risk cases have statutory limits or alternative procedures. Eligibility and exceptions must be checked; technical does not mean consequence-free.
Revocation and sentencing
Revocation can expose a person to a sentence the court could have imposed for the original offense, subject to applicable law. The risk is not measured only by the time left on probation. Counsel should review the original sentence and potential exposure.
Contesting an allegation and presenting circumstances relevant to a sanction serve different purposes. Counsel should explain which facts support each, so you can make informed choices without treating mitigation as an admission.
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Compare the signed order and any lawful modification with each paragraph of the affidavit. Check dates, instructions, and notice. A condition described informally may need to be checked against the actual court record.
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Use appointment confirmations, attendance records, receipts, messages, test documentation, or approved travel information relevant to the allegation. Keep originals and give counsel the full exchange, including material that may be unfavorable.
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Illness, lost income, a provider delay, or transportation trouble should be documented where possible. The review should include what you could do, what you tried, and whom you notified. An explanation needs to be assessed against the condition and the evidence.
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Florida courts require proof of a willful and substantial violation to support revocation. The State's burden is the greater weight of the evidence, which differs from the criminal-trial standard. Counsel can challenge the claimed breach and the reliability of the proof.
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A new-law allegation can create two proceedings with different decisions and proof requirements. Statements or admissions in one may affect the other. Review the new case and the violation together before deciding how to respond in either proceeding.
A useful proposal connects the court's requirements to arrangements you can actually carry out.
If treatment, transportation, work hours, or housing affects compliance, gather the details. An available appointment, confirmed schedule, or documented support arrangement is more concrete than a general promise that things will improve.
Accepted matters are assigned to Mark J. Miller or Rick S. Jacobs. The responsible partner evaluates the record, advises on the hearing strategy, and discusses major decisions with you. Staff and qualified professionals may assist with the preparation.
The firm identifies the lawyer accountable for the advice and preparation on your accepted matter.
Both partners are former Assistant State Attorneys. The firm reports more than 230 combined jury trials across their careers.
Fort Lauderdale clients are served from Miller & Jacobs' Pompano Beach headquarters.
Partner and former Assistant State Attorney
Mark has been a member of The Florida Bar since 1995 and reports more than 70 jury trials. His biography provides further background.
Mark Miller's Background →
Partner and former Assistant State Attorney
Rick has been a member of The Florida Bar since 1995 and reports more than 160 jury trials. His biography describes his experience.
Rick Jacobs' Background →You can call before every record has been collected. Explain whether you need help with an allegation, an offered sanction, a warrant, or an upcoming hearing. We will discuss whether the firm can accept the matter and what the proposed representation and fee would cover.
1600 S. Federal Highway, Suite 1101
Pompano Beach, FL 33062
Serving Fort Lauderdale criminal-defense clients.
Documents that help us begin
Sentencing order and later changes to conditions
Violation affidavit, warrant information, or hearing notice
Officer correspondence and any proposed sanction
Receipts, attendance records, and supporting documentation
Case number and papers for any new criminal allegation
The answers below are general information. Bring the actual order and current paperwork so advice can address your case.
Do not assume a pending allegation ends reporting or other obligations. Follow the existing order and lawful supervision instructions, and ask counsel to clarify any conflict or custody-related problem. Keep a record of communications and attempts to comply.
Later completion may help explain your progress or support a proposed resolution, but it does not automatically withdraw a filed allegation. Preserve proof of completion and ask how it affects the particular condition, deadline, and pending court proceeding.
Review the alleged conduct, evidence, proposed sanction, deadline, and rights you would waive. Florida's alternative sanctioning procedure can involve an admission and waiver of counsel and hearing rights. Ask for legal advice before deciding whether participation is appropriate.
Not automatically. A conviction on the new charge is not required for a violation based on unlawful conduct, and the proceedings use different standards. Counsel should examine why the new case ended and whether evidence still supports the alleged violation.
Check the original case, assigned division, and current notice. A misdemeanor probation matter and a felony probation matter need not be in the same court. Confirm the building, hearing format, date, and attendance requirements rather than going to the nearest courthouse.
A family member can provide basic case and custody information and help arrange contact. The lawyer must clarify whom the firm would represent and any limits on sharing information. The scope and fee should be agreed before representation begins.
The underlying offense and a new charge can affect how a violation is addressed. These guides cover common related cases; they do not determine the outcome of a probation hearing.
