Client was incarcerated on a Violation of Probation Charge in Seminole County for Misdemeanor Battery. The Violation Alleged that he had not completed his Drug treatment and tested positive for controlled substances while on Probation, as well as other various monetary obligation violations. The client’s family hired Attorney Gergely on July 11, 2012 because the client had been incarcerated for several weeks. The client was the primary bread winner for the family and his continued incarceration was causing the family significant hardship. Attorney Gergely convinced the Judge to set the case for a Motion to Set Bond on July 13, 2012, just two days after being hired on the case. This Motion allowed Attorney Gergely to quickly get the client’s case into Court. While in Court, Attorney Gergely was able to convince the Assistant State Attorney to give the client a very short jail sentence, with credit for the time he had already been in jail. Because of this great resolution, the Client was released from custody the next day and was back at work on Monday morning.
Violation of probation is different from typical criminal proceedings for a number of reasons. You may not be eligible for a bond review, you are forced to testify, and you have a much more severe burden of proof that does not observe “beyond a reasonable doubt”. What could be most important, the right to a jury trial is waived and you will speak directly with the judge concerning your matter. This is why this situation was beneficial for the client in regards to retaining a lawyer.
The Umansky Law Firm Criminal Defense & Injury Attorneys